AI Overview...
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Habeas Corpus - Legal criteria for issuance include establishing illegal detention or unlawful restriction of personal liberty. The courts emphasize that the remedy is available only when detention is unlawful or without due process of law SOUMYA R vs THE DISTRICT POLICE CHIEF PATHANAMTHITTA - Kerala.
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No Illegal Detention - Several cases confirm that if detention is voluntary or lawful, habeas corpus petitions are dismissed. For instance, in one case, the petitioner was informed that the detention was voluntary and not illegal, leading to dismissal RAJITHA B vs THE DISTRICT POLICE CHIEF - Kerala.
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Writ Jurisdiction - The scope of habeas corpus is limited to challenging unlawful detention. It does not extend to examining custody disputes or legality of orders unless illegal detention is established. The courts also clarified that second petitions are barred by res judicata IND_HC_KLHC010860222015; 02100140944.
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Child Custody & Habeas Corpus - The proceedings are not meant to justify custody legality but address detention issues. The custody of a child is primarily a matter for the court's discretion, and habeas corpus is not a substitute for custody disputes under the Hindu Minority and Guardianship Act VAYU KISHORE S/O ANJANI KISHORE VS STATE OF KARNATAKA - Karnataka.
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Jurisdiction & Limitations - The courts reiterated that habeas corpus is a remedy against illegal detention and not against lawful confinement or custody arrangements. The remedy is not applicable where the detention is voluntary or lawful INDKER00000016884; 01500049005.
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Specific Cases & Principles - Cases involving police or government orders highlight that habeas corpus cannot be used to challenge lawful detention or custody unless illegality is proven. The courts have also clarified that the right to habeas corpus exists in Nigeria but has been limited in India Pramod Kumar VS Union of India Rep. by its Secretary Ministry of Home Affairs Grih Mantralaya New Delhi - Madras.
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Analysis and Conclusion - The collected judgments and legal principles consistently reinforce that habeas corpus is a remedy for unlawful detention. Promod Nair's case, like others, hinges on whether detention was illegal; if detention is lawful or voluntary, the petition is dismissed. The courts maintain a restrictive approach, emphasizing due process and legality of detention rather than custody or administrative orders IND_HC_KLHC010862862015; 00300051062; 01500049005.
References: - RAJITHA B vs THE DISTRICT POLICE CHIEF - Kerala - R.PRAMOD vs MANIKANTAN - Kerala - VAYU KISHORE S/O ANJANI KISHORE VS STATE OF KARNATAKA - Karnataka - SOUMYA R vs THE DISTRICT POLICE CHIEF PATHANAMTHITTA - Kerala - Aqil Hussain VS State of NCT of Delhi - Delhi - Additional District Magistrate, Jabalpur: State Of U. P. : Union Of India: Union Of India: State of Karnataka: State Of Maharashtra: State Of Rajasthan: Union Of India: Union Of India VS Shivakant Shukla: V. K. S. Chaudhary: Atal Bihari Vajpayee: Satya Sharma: N. K. Ganpaiah: Subhas: Milap Chand Kanungo: Ram Dhan: Rekha Awasthi - Supreme Court - Harish Vasudevan VS Union of India - Kerala - Pramod Kumar VS Union of India Rep. by its Secretary Ministry of Home Affairs Grih Mantralaya New Delhi - Madras - Sulochana Gupta W/o Radha Ballabh Gupta VS RBG Enterprises Pvt. Ltd. Rep. by its Director Rajkumar Gupta - Kerala - S. Annapoorni VS K. Vijay - Madras
Search Results for "Habeas Corpus Promod Nair"
2015 Supreme(Online)(KER) 46296 • India - High Court of Kerala
C.K. ABDUL REHIM, MARY JOSEPH, JJ
Habeas Corpus - Missing Person - Writ Jurisdiction - Dismissal of Petition - No Illegal Detention - Voluntary Departure of Detenue ... Fact of the Case: Mary Joseph, J: The petitioner, who is a hapless lady is approaching this court seeking a writ of Habeas ... We informed her about the decision taken by Sri.Pramod Kumar, her husband. 9. ... Pramod Kumar was not under any W.P.(Crl.) No. 403/2015 -9- illegal detention or confinement of the 4th respondent or anyone else, as alleged. ... Sivankutty was h....
2015 Supreme(Online)(KER) 43154 • India - High Court of Kerala
P.N.RAVINDRAN, P.D.RAJAN, JJ
Habeas Corpus - Detention - Writ of Habeas Corpus - Section 5 of the Indian Constitution - Court emphasizes the importance of ... Fact of the Case: The petitioner sought a writ of habeas corpus for his wife, alleging illegal detention by her parents ... The prayer in this writ petition is for a writ of habeas corpus commanding the respondents to produce the body of petitioner's wife Amritha. R. Manikantan in this Court and to set her at liberty.
2023 0 Supreme(Kar) 569 • India - Karnataka
P. S. DINESH KUMAR, T. G. SHIVASHANKARE GOWDA
Habeas Corpus - Child Custody Dispute - Hindu Minority and Guardianship Act, 1956, Section 6(a), Custody ... Shekhar Jagdish Prasad Tewari, (2019) 7 SCC 42 (Paragraph 19) cited by Shri Pramod Nair, is held as follows: “19. Habeas corpus proceedings is not to justify or examine the legality of the custody. ... Habeas corpus proceedings is a medium through which the custody of the child is addressed to the discretion of the Court. ... The issue of cust....
2024 Supreme(Online)(KER) 7100 • India - High Court of Kerala
ANU SIVARAMAN, C. PRATHEEP KUMAR, JJ
The jurisdiction of this Court for issuance of a Writ of Habeas Corpus can be exercised only in a case where it is established that a person is illegally detained or where the personal liberty of such person is restricted without due process of law.
2020 0 Supreme(Del) 622 • India - Delhi
VIPIN SANGHI, RAJNISH BHATNAGAR
CRIMINAL - Habeas Corpus - UAPA - NIA Act - Jurisdiction of Special Court - De facto doctrine - Maintainability of petition - ... Fact of the Case: The petitioner Aqil Hussain preferred a writ of habeas corpus for production of his sister - Ms. ... Consequently, the petitioner seeks the issuance of a writ of Habeas Corpus for production and release of Gulfisha Fatima, his sister ... Further, without challenging the stated order of the Magistrate, a writ petition was filed limited to ....
1976 0 Supreme(SC) 199 • India - Supreme Court
A.N.RAY, H.R.KHANNA, M.H.BEG, P.N.BHAGWATI, Y.V.CHANDRACHUD
order did not affect maintainability of habeas corpus petitions to question legality of detention orders - Principles which should ... be followed by courts in dealing with petitions for writs for habeas corpus to challenge legality of detention are well-established ... corpus - They challenged in some cases validity proclamation of emergency by president - They challenged legality and validity of ... The above observations clearly go to show that constitutional recognition of the remedy of writ of #HL_....
2020 0 Supreme(Ker) 323 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
], this Court considered a similar issue and observed as under:- "There is no dispute regarding the legal proposition that the rights under Article 226 of the Constitution of India can be enforced only by an aggrieved person except in the case where the writ prayed for is for habeas ... (o)Is not suitable for unrestricted public exhibition Provided that no film or film song or film promo or film trailer or music video or music albums or their promos, whether produced in India or abroad, shall be carried through cable service unless it ha....
2021 0 Supreme(Mad) 2316 • India - Madras
C.V.KARTHIKEYAN
A second writ petition for habeas corpus is not maintainable and is barred by the principles of res judicata. ... On 07.08.2012 while CBI was conducting investigation in what was the original woman missing First Information Report pursuant to the order of the learned Single Judge of this Court, Promod Kumar, I.P.S., who, to recall, had actually been issued with summons under Section 160 Cr.P.C., by the Deputy Superintendent ... On 19.04.2011, Tr.Pramod Kumar, IPS, then Inspector General of Police, Armed Police, Chennai a....
2020 0 Supreme(Ker) 640 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
By no stretch of imagination can a writ in the nature of habeas corpus or mandamus or quo warranto or prohibition or certiorari be equated with the power of superintendence. These are writs which are directed against persons, authorities and the State. ... Every application for the issue of a direction, order or writ under Art. 226 of the Constitution other than an application for a writ of Habeas Corpus shall, if the matter in dispute is or has arisen substantially within Greater Bombay, be heard and disposed of by such....
2022 0 Supreme(Mad) 855 • India - Madras
P.N.PRAKASH, R.MAHADEVAN, M.SUNDAR, N.ANAND VENKATESH, A.A.NAKKIRAN
He followed it up with a habeas corpus petition in H.C.P.No.976 of 2017. On 30.08.2017, a Division Bench of this Court disposed of the habeas corpus petition directing the parties to work out their remedies before the District Court, Nilgiris in G.W.O.P.No.20 of 2017. ... In Nigeria the right to issue the prerogative writ of habeas corpus still exists, but here the right has been taken away. ... corpus. ... For example, where a person is mentally ill and is produced b....
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