custody Archives

J&K HC | Bail plea of accused transporting three militants who launched a suicide attack on BSF Camp in J&K in October 2017, rejected

Jammu and Kashmir High Court: A Division Bench of Ali Mohammad Magray and Sanjay Dhar, JJ. rejected the bail plea and upheld

Case Briefs High Courts

HP HC | Undertrial prisoner requests bail in matter of S. 302 IPC at final stage while in custody for 6 years; Court allows petition

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Case Briefs Supreme Court

Breakdown of marriage is not an end of parental responsibilities: SC

Supreme Court: Showing dismay over a case where two minors were forced to stay in a Boarding School due to an ongoing

Case Briefs Foreign Courts

UK SC | Welfare of child is paramount consideration in a custody battle – Israeli nationals’ daughter allowed to be retained with her mother in England for child’s welfare

Supreme Court of the United Kingdom: A Full Bench of Lord Wilson, Lord Hodge, Lady Black, Lord Kitchin and Lord Sales upheld

Case Briefs High Courts

J&K HC | Preventive detention quashed for non-supplying of the material relied upon by detaining authority

Jammu and Kashmir High Court: Ali Mohammad Magrey, J. quashed the detention order of Masood Ahmad Bhat while directing for his release

Case Briefs High Courts

Del HC | Earlier order of maintenance under DV Act is no bar for wife claiming maintenance under S. 24 of Hindu Marriage Act

Delhi High Court: A Division Bench of G.S. Sistani and Jyoti Singh, JJ. allowed an appeal filed by the appellant-wife against the order

Case Briefs High Courts

Gau HC | Ordering custody of child to be given to mother is beyond jurisdiction of S. 97 CrPC, order to be confined to finding of “wrongful confinement”

Gauhati High Court: Rumi Kumar Phukan, J. allowed a criminal petition filed against the order of the trial court whereby the petitioner-husband was

Case Briefs High Courts

Raj HC | Court refuses temporary suspension of sentences; grants time for appellant to perform mother’s last rites

Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. refused an application for temporary suspension of sentences but

Case Briefs High Courts

Ker HC | Assault on an injured person not pre-meditated; bail application granted

Kerala High Court: B Sudheendra Kumar J., allowed a bail application and relieved the accused person from the custody. In the instant

Case Briefs Foreign Courts

Malaysia CoA | Information received from an accused person in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved

Malaysia Court of Appeal: A Full Bench of Mohtarudin Baki, Ahmadi Haji Asnawi, Abdul Rahman Sebli, JCA dismissed an appeal made against

Case Briefs High Courts

Ker HC | Welfare of the child is of supreme consideration while granting custody

Kerala High Court: A Division Bench of K. Harilal and T.V Anil Kumar, JJ. dismissed an appeal made by the maternal grandparents

Case Briefs High Courts

MP HC | Financial distress to family caused due to detention of accused in custody held to be valid condition for granting bail

Madhya Pradesh High Court: Anand Pathak, J. directed release of the applicant on bail with sureties in the instant application filed under

Case Briefs High Courts

HP HC | Owner of the uninsured vehicle in custody can deposit an amount or provide a security to meet the ends of justice

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. set aside trial court’s order and remanded back the present application to decide afresh,

Case Briefs High Courts

Del HC | Expenses of the child cannot be equally divided between parents; amount payable by husband under S. 125 CrPC towards maintenance of child increased

Delhi High Court: Sanjeev Sachdeva, J. partly allowed a revision petition against the order of the trial court passed under Section 125 CrPC

Case Briefs Foreign Courts

SL SC | Interest of child stands paramount while deciding questions of his custody

Supreme Court of the Democratic Socialist Republic of Sri Lanka: The Three-Judge Bench of Sisira J de Abrew, Vijith Malalgoda PC and

Case Briefs Foreign Courts

Pak SC | Mother’s poverty not a ground to disentitle her from custody of her child – minor’s welfare is of paramount importance

Supreme Court of Pakistan: The Division Bench of Qazi Faez Isa and Mazhar Alam Khan Miankhel, JJ. dismissed a petition challenging assailing

Case Briefs High Courts

Raj HC | Despite order of Canadian Court, HC refuses to allow the return of 10-year-old boy to Canada considering it would not be in his interest

Rajasthan High Court: The Division Bench of Mohammad Rafiq and Goverdhan Bardhar, JJ. dismissed a habeas corpus Petition filed by the petitioner-husband

Case Briefs Foreign Courts

Eswatini HC | Long period of imprisonment not in interest of justice, youthfulness of accused considered while sentencing

Eswatini High Court: This matter was brought before a Bench of M. Langwenya, J. for judgment on sentence. Facts of the case

Case Briefs High Courts

Appeal against an order allowed as the party obtaining the order gave up interest therein

Madras High Court: A Single Judge Bench comprising of N. Seshasayee, J., allowed an appeal on the ground that the respondent gave

Case Briefs High Courts

Custody of a vehicle used in an offence can be handed over to the owner, pending trial, on an interim basis

Gujarat High Court: A Single Judge Bench of R.P. Dholaria, J., allowed a petition filed against the order of the lower courts,