Constitution of India, 1950; Article 226 – Writ of Habeas Corpus – a. Writ of Habeas corpus is a prerogative writ. It is an extraordinary remedy. It is a discretionary remedy; b. The High Court always has the discretion not to exercise the writ jurisdiction depending upon the facts of the case. It all depends …
Somprabha Rana vs State of Madhya Pradesh 2024 INSC 664 Read More »
Constitution Of India,1950; Article 226- Maintainability of the habeas corpus petition in the matters of custody of minor child – No hard and fast rule can be laid down – Whether the writ court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances …
Gautam Kumar Das vs NCT Of Delhi 2024 INSC 610 – Habeas Corpus – Child Custody Read More »
Constitution of India, 1950; Article 226- Maintainability of the Habeas Corpus petition with regard to custody of the minor child – Habeas corpus is a prerogative writ which is an extraordinary remedy. It has been held that recourse to such a remedy should not be permitted unless the ordinary remedy provided by the law is …
Nirmala vs Kulwant Singh 2024 INSC 370 – Habeas Corpus – Child Custody Matters Read More »