Magistrate
“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days
In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.
Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court
The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.
Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates
Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.
Madras High Court directs Tamil Nadu Judicial Academy to conduct a refresher course for the judicial officers, focusing on the special enactments, making them aware of the procedure
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
Delhi High Court grants bail to a Spanish National under the NDPS Act as he was denied the opportunity of a translator/interpreter
The Delhi High Court upheld the judgment passed by the Special Judge granting bail to a Spanish National as he was not given the opportunity of a translator or an interpreter and his refusal to get a search conducted before a Gazetted Officer or a Magistrate was vitiated on account of his part understanding or misunderstanding of the questions put to him.
Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act
Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction
Uttaranchal High Court | Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused
Uttaranchal High Court: While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions
Madras High Court| Petition under Section 482 CrPC challenging a proceeding under Section 12 of the D.V. Act is not maintainable
Madras High Court: In 32 cases regarding domestic violence filed under Section 482 Code of Criminal Procedure, 1973 (CrPC), the full bench
Advocates are officers of Court and deserve same respect and dignity as is being given to Judicial and Presiding Officers of Courts: J&K and Ladakh HC
Jammu and Kashmir and Ladakh High Court: Sanjay Dhar, J., expressed that, there may be stray incidents where the advocates have resorted
POCSO| Is investigation of disclosure of victim’s identity permissible without Magistrate’s permission? SC gives split verdict
Supreme Court: The bench of Indira Banerjee and JK Maheshwari, JJ has given split verdict on the issue as to whether the
Applications under Section 156 (3) Cr.P.C. being filed only to harass other; Filing of affidavit a must: SC
Supreme Court: In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit
Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC
Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the
Kidnapped or Eloped? Minor alleged to have been kidnapped tracked after almost 4 years: Del HC demystifies whether she ran away on her own or was kidnapped
Delhi High Court: Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the
Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers
Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of
Law on Domestic Violence | Whether a Magistrate is obliged to call for a ‘Domestic Incident Report’ before issuing notice to respondent? Read on
Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge, dismissed an appeal filed by the husband against the order of the trial court
Law on Duty of Appellate Court | Reasons, an essential feature of a judgment? Is there a link covered under reasons in Judgment? Read on
Delhi High Court: While stating the well-settled law that even when an appellate Court affirms the order of the Court below, it
Ker HC | No final report and no cognizance signify there is no pending criminal proceeding; HC lays down parameters governing issuance of passport in a criminal case
Kerala High Court: Bechu Kurian Thomas, J., held that if the final report had not been filed and no cognizance had been
Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?
Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.
Chief Justice of Sikkim High Court directs Magistrates to record statements under S. 164 CrPC on same day or immediate next day; Sessions Judge not to summon Magistrates to prove statements recorded
Chief Justice of Sikkim High Court noted that there had been an undue delay in recording of statement of the victims under