Constructive Custody - Judgment Search Results

Abdulsattar Husen Kudachikar Vs. Mrs. Shahina, Abdulsattar Kudachikar

Court: Mumbai

Reported in: AIR1996Bom134; 1996(1)BomCR553; (1996)98BOMLR591; 1996(1)MhLj892

..... the guardians and wards act contemplates not only actual physical custody but also constructive custody of the guardian which term includes all categories of ..... not of itself terminate the guardianship 13 on a true construction of the provisions of section 17 and section 25 there ..... consideration is the welfare of the child on a true construction of the provisions of section 17 and section 25 there .....

Mrs. Indira Kumari Vs. B. Ramakrishnan

Court: Chennai

Reported in: (1995)2MLJ273

..... guardians and wards act contemplates not only actual physical custody but also constructive custody of the guardian which term includes all categories of ..... worth rs 2 lakhs and intends to put up a construction therein there are good schools close to his residence where ..... guardian but guardianship alone is not sufficient to have the custody the parties arc hindus governed by hindu minority and .....

Garlotte Vs. Fordice

Court: US Supreme Court

..... specific enhancement of subsequent sentences on the basis of prior convictions ibid hence the construction of in custody urged by the habeas petitioner in maleng would have left nearly all convictions perpetually ..... than in the future 5 mississippi urges as a prime reason for its construction of the in custody requirement that allowing a habeas attack on a sentence nominally completed would encourage .....

Reno Vs. Koray

Court: US Supreme Court

..... the bureau s custody while the other is released to such a center on bail but the alternative construction adopted by the ..... subject to bop s control the court of appeals alternative construction would require a fact intensive inquiry into the circumstances of ..... custody post at 67 68 65 biguous for purposes of lenity merely because there is a division of judicial authority over its proper construction .....

Dr. Vinod NaraIn Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 1996CriLJ1309

..... of the provisions of the code of criminal procedure to restrict the meaning of the word custody in ..... hon ble mr justice j s verma is a purposive construction promoting the object of the enactment but not extending ..... custody in section 309 2 cr p c to only legal imprisonment the normal meaning if obviously curtailed it is not at all necessary for the harmonious construction .....

Janta Singh Vs. the State of Punjab and ors.

Court: Punjab and Haryana

Reported in: (1996)112PLR184

..... thus by giving a harmonious construction to these provisions in our considered view special power to order custody of a person accused of ..... of the parliament although not to be extended beyond its fair construction is not to be interpreted in so slavishly literal a ..... purpose of the enactment the court can of course adopt a construction which will carry out the obvious intention of the legislature in .....

Janta Singh Vs. the State of Punjab

Court: Punjab and Haryana

Reported in: 1996CriLJ1185

..... thus by giving a harmonious construction to these provisions in our considered view special power to order custody of a person accused of ..... the parliament although not to be extended beyond its fair construction is not to be interpreted in so slavishly literal a ..... air1986sc137 the principle of interpretation of statutes is that a construction should not be put upon a statutory provision which would .....

Shantilal Sohanlal Shah Vs. the Secretary, Krishi Utpanna Bazar Samiti ...

Court: Mumbai

Reported in: 1995(4)BomCR463

..... the fair rent under clause 5 of a house constructed after 1st april 1940 the rent controller shall take ..... in the absence of specific pleading about the year of construction of disputed house the rent controller could not have ..... construction absent rejection of application justified code of criminal procedure 1973 c a no 2 1974 section 41 swatanter kumar cj smt ranjana desai d b bhosale jj arrest .....

Popat Dhondiram Katare Vs. Laxman Manohar Waghmare

Court: Mumbai

Reported in: 1995(4)BomCR545

..... code of civil procedure 1908 order granting eviction challenged landlord proved his bona fide requirement construction of permanent structure by tenant upon disputed premises proved impugned order justified code of ..... specified in that provision language of this provision clearly suggested that the police officer can arrest a person without an order from the magistrate thus there appears to be no .....

Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Mazgaon Docks ...

Court: Mumbai

Reported in: 1996(1)BomCR245

..... with all the materials equipment fittings and machinery purchased by the defendants specifically for the construction thereof whether in their building yard workshops water or elsewhere shall become the absolute property ..... the governor the agreement provided inter alia that the assessees were responsible for the safe custody of the chassis from the date of their receipt from the governor till their .....