Detenue Archives | SCC Times

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.

Case Briefs High Courts

Detenue is ambivalent in her stand between her desire to be with her husband and fear of being ill-treated by the parents of her husband; Ker HC did not issue Habeas Corpus

Kerala High Court: A Division Bench of K Vinod Chandra and C Vijayachandran, JJ. dismissed the petition and rejected the relief sought

Case Briefs High Courts

Guj HC | Simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order; Detention order quashed

Gujarat High Court: Rajendra M. Sareen, J. allowed a petition which was directed against the detention order passed by respondent–detaining authority in

Case Briefs High Courts

Ker HC | Observing the signs of mental disturbance; HC refuses to remove a 21-year-old from the custody of parents

Kerala High Court: In an interesting case regarding custody of a major the Division Bench of K. Vinod Chandran and M.R. Anitha,

Case Briefs High Courts

J&K HC | Even in cases where a person has been prosecuted in a Court of law and has been discharged by the Magistrate, a valid order of detention can be passed against him in connection with that very incident; HC reiterates

Jammu and Kashmir High Court: Rajnesh Oswal, J., while rejecting the present petition on lack of merits, said, “…this Court is of

Case Briefs High Courts

Pat HC | [Article 21] Torture, either mental or physical, represents worst violations of individual human personality, an outright and premeditated attack on human dignity; Petition allowed against illegal detention

Patna High Court: A Division Bench of Sanjay Karol, CJ. and S. Kumar, J., while allowing the present petition, discussed the issue

Case Briefs High Courts

J&K HC | Order of detention cannot be a mere reproduction of the dossier, without any judicial application of mind; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition held, “The service of the grounds of detention on

Case Briefs High Courts

J&K HC | Non-execution of detention order for more than two years with inordinate delay by govt. for approval affects efficacy of such detention order; Detention order set aside

Jammu and Kashmir High Court: Puneet Gupta, J. detention order quashed and non-application of mind by the detaining authority in the present

Case Briefs High Courts

Utt HC | Individuals of same sex, living together are not competent to enter the wedlock, still they have the right to live together outside the wedlock; Live-in relationship recognised by legislature

Uttaranchal High Court: Sharad Kumar Sharma, J., while addressing a habeas corpus petition observed that, The intimacy of marriage, including the choice of

Case Briefs High Courts

J&K HC | Order of detention under J&K Public Safety Act cannot ordinarily be passed, merely on ground that an accused under trial was out on bail

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. allowed the application filed by the petitioner to free him from detention. The

Case Briefs High Courts

Kar HC | Detention order challenged for supplying illegible documents – test is to determine whether detenue rendered incapable of making representation

Karnataka High Court: The Division Bench of K.N. Phaneendra and K. Somashekhar, JJ. hearing a petition in the nature of habeas corpus,