HIGH COURT JANUARY 2024 WEEKLY ROUNDUP| Stories on Pepsico Potato chips battle; Right of convict to procreate; Manual scavengers; and more
A quick legal roundup to cover important stories from all High Courts this week.
Habeas Corpus
Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition
Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.
[Habeas Corpus] Detainee illegally confined by parents over her relationship with a transgender man to be taken to the place of her choice: Rajasthan HC
“The petitioner stated that is manifestly clear that the detainee’s life and well-being is in imminent danger and the respondents has failed to protect the detainee’s right under Article 21 of the Constitution, including her right to personal liberty.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
No mental stability examination in habeas corpus petition for mother daughter duo alleged of influence under black magic: Gujarat HC
“Practicing black magic can be a personal choice, and the Court cannot delve into such issues in a habeas corpus petition”.
Explained| Supreme Court verdict on requirement of public declaration for soleminisation of self-respect and secular marriages
Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC
“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
Punjab and Haryana High Court allows Father to live with Daughter, says ‘Father-daughter relationship much older than one with daughter-in-law’
Punjab and Haryana High Court allowed the petitioner to meet her father-in-law once a week for 1 hour.
Decoding Supreme Court verdict on V Senthil Balaji’s plea in Cash for Job Scam case
Supreme Court held that the words “such custody” occurring in Section 167(2) of the CrPC, 1973 would include not only police custody but also that of other investigating agencies.
Supreme Court dismisses V Senthil Balaji’s plea seeking release in Cash for Job Scam case; Grants 5-days custody to ED
The present case is related to the cash-for-jobs scam, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice Nisha Banu’s opinion
This report provides Justice Nisha Banu’s opinion in the Habeas Corpus plea.
Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy’s opinion
This report provides Justice D. Bharatha Chakravarthy opinion in the Habeas Corpus plea.
Chief Justice of Madras High Court assigns Senthil Balaji habeas corpus plea to Justice CV Karthikeyan to break the split verdict tie
The division bench of Madras High Court delivered a split verdict and referred the matter to the Chief Justice to place it before another judge.
Madras HC delivers split verdict in Habeas Corpus plea filed by TN Minister Senthil Balaji’s wife against his arrest by ED
The habeas Corpus petition was filed in relation to the cash-for-jobs scam case, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
Inter-Faith Marriage by Major Daughter with her own Free Will; Gujarat HC rejects Habeas Corpus plea by Mother
The Court said that it cannot be concluded that the petitioner’s daughter was abducted against her will and that she was being illegally confined.
Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition
S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.
Kerala High Court dismisses habeas corpus by boyfriend after girl denies illegal detention by parents
The alleged detenue told the Court that though she was in love with the petitioner and willing to marry him, she did not want to go with him but would prefer to go with her mother.
Madras High Court denies interim bail to Tamil Nadu Minister Senthil Balaji; Allows him shifting to Hospital for bypass surgery
The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.
[Cash for job scam] Wife of Tamil Nadu Minister Senthil Balaji filed Habeas Corpus petition before Madras High Court
Following the arrest, Senthil Balaji complained of chest pain and was taken to Government hospital for a medical checkup.
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.