Constructive Custody - Judgment Search Results

Chandrapal Vs. Smt. Mungia

Court: Allahabad

Reported in: AIR1961All549

..... side there is a set of decisions holding that the word custody means actual custody or at the most constructive custody that is custody with the permission of the guardian on the other side ..... and education it makes no distinction between guardians with actual custody constructive custody or legal custody all are presumed to have the legal custody of the ward furthermore it is difficult to see how .....

Shah Harichand Ratanchand Vs. Virbbal and ors.

Court: Gujarat

Reported in: AIR1975Guj150; (1974)GLR499

..... 1973 3scr918 their lordships pointed out that section 25 contemplates not only actual physical custody but also constructive custody of the guardian which term includes all categories of guardians section 25 is ..... test would be fulfilled the question however cannot be decided on presumptive legal or constructive custody but by an application of the statutory test of the ordinary residence of the .....

Texas and Pacific Ry. Co. Vs. Clayton

Court: US Supreme Court

..... such carrier must have been a delivery that put the cotton into the actual not constructive custody of the connecting carrier to hold otherwise is to eliminate from the contract the clause ..... liability to the shipper for loss was concerned was not a constructive one but such a delivery as involved actual custody of the cotton by the connecting carrier we do not understand .....

Musammat Siddiq-un-nisa Bibi Vs. Nizam UddIn Khan and ors.

Court: Allahabad

Reported in: 137Ind.Cas.219

..... with the permission of the guardian he or she would be under the guardian s constructive custody section 25 3 indicates that the residence of a ward against the will of his ..... refusal of the grandmother to hand over the child amounted to a removal from the constructive custody of the father in these circumstances section 25 applies and the order of the court .....

Sarada Nayar Vs. Vayankara Amma and ors.

Court: Kerala

Reported in: AIR1957Ker158

..... was an effective removal of the child from the legal and constructive custody of the petitioner who is both the natural and the ..... chosen to specify the nature of the custody contemplated by section 25 to exclude legal or constructive custody from the general meaning of that ..... the guardians and wards act includes both actual and constructive custody of the ward by its guardian this position was fully .....

Sunil Fulchand Shah Vs. Union of India and ors.

Court: Supreme Court of India

Reported in: AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; [2000]1SCR945

..... reason that during the period of temporary release the detenu is deemed to be in constructive custody in cases falling outside section 12 if the interruption of detention is by means not ..... possible to take the view that a person temporarily released under section 12 is in constructive custody the learned solicitor general also submitted that in spite of an order under section 12 .....

Ramji Lal Yadav Vs. Dalip K. Yadav

Court: Delhi

Reported in: 1(1999)CLT121; 76(1998)DLT526

..... minor ordinarily resides and with whom the minor must be deemed to have been in constructive custody 13 in shah harish chand ratan chand v birbal and ors air1975guj150 also the dispute ..... the father resides and with whom the minor must be deemed to have been in constructive custody in that case also minor children were residing at a new place in vaghel with .....

Kota Karrenna Vs. Kota Paravathamma

Court: Andhra Pradesh

Reported in: AIR1978AP398

..... in other words which the law would recognise as custody custody need not be actual physical custody it may even be constructive custody of the guardian 12 in considering the word removed occurring in section ..... four corners of the guardians and wards act it was also held that custody means both actual and constructive custody the word removed in section 25 of the act is not limited to .....

Lachhmi Ram Vs. Smt. Prabhoo

Court: Himachal Pradesh

Reported in: AIR1964HP1

..... falls within the ambit of that word and that refusal by the person having the constructive custody of the child to hand over the child to the father would amount to removal ..... birth must be found within the four corners of the guardians and wards act custody meant both actual and constructive custody and likewise the word removal was not limited to physical removal and .....

Kanhiya Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1976CriLJ1652

..... information was passed on by the accused he will be deemed to be constructively in custody the doctrine of constructive custody applied by the supreme court is applicable to the circumstances of the present ..... on to the police authorities it shall be deemed that the accused was in the constructive custody of the police and therefore the information recorded in ex p 16 in pursuance whereof .....