Magistrate Archives | Page 2 of 4

Ss. 97 & 98 of Code of Criminal Procedure are identical with Art. 32 of the Constitution of India as there are concerns with life & liberty of the person

Court of Sessions Judge, Gondia: Suhas V. Mane, Sessions Judge, remanded the matter to Magistrate on noting no foundation in the Magistrate’s

Case Briefs High Courts

J&K HC | When a CJM transfers a petition to a Magistrate subordinate to him, the Magistrate is conferred with jurisdiction to entertain the same even if the matter would otherwise fall outside his jurisdiction

Jammu and Kashmir High Court: Sanjay Dhar, J., addressed the instant petition against the order of Judicial Magistrate, Bandipora, whereby the Magistrate

Case Briefs International Courts

CCJ | Whether a Magistrate in the Commonwealth of Dominica has jurisdiction to determine a charge of treating against a duly elected and sitting member of the House of Assembly, or it must be determined by High Court, by way of an election petition?

Caribbean Court of Justice: A Full Bench of Justice Saunders, Wit, Anderson, Rajnauth-Lee, Barrow and Jamadar dismissed the appeal being devoid of

Case Briefs High Courts

All HC | Full Bench decides whether writ of Habeas Corpus will be maintainable against Judicial order or Child Welfare Committee’s order under J.J. Act? Decoded

Allahabad High Court: The Full Bench of Sanjay Yadav, Mahesh Chandra Tripathi and Siddhartha Varma, JJ., in a very significant ruling expressed

Case Briefs High Courts

Del HC | Complaint against Business Standard for defaming ‘member of RSS’ quashed: Who qualifies as an aggrieved person to file defamation complaint? HC explains

Delhi High Court: Suresh Kumar Kait, J., quashed a complaint about defamation filed by a lawyer against Business Standard. It was held

Case Briefs High Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

Case Briefs High Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

Case Briefs High Courts Tribunals/Commissions/Regulatory Bodies

Yearly Wrap Up | A Reflection on 2020

It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in

Case Briefs High Courts

MP HC | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy HC should not ordinarily interfere

Madhya Pradesh High Court: S.A. Dharmadhikari, J., dismissed the instant petition filed under Articles 226 and 227. The facts of the case

Case Briefs High Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Case Briefs High Courts

Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers

Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the

Case Briefs High Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

Case Briefs High Courts

[Flashback] Pendency of Cases being a pressing issue, Madras HC in its 2018 decision had issued guidelines highlighting: Cases of Absconding Persons || Detailed Report

Madras High Court: N. Anand Venkatesh, J., issued guidelines pertaining to deal with cases wherein accused persons are absconded leading to the pendency

Case Briefs High Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case Briefs High Courts

Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly

Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by

Case Briefs High Courts

AP HC | Can the Magistrate apart from police officer be liable for departmental action along with Contempt of Court before HC? Law explained in light of Arnesh Kumar’s decision by SC

Andhra Pradesh High Court: Lalitha Kanneganti, J., addressed a matter wherein the accused was arrested without warrant alleged to have posted certain material