Magistrate Archives

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.

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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

Case Briefs Supreme Court

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs District Court

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs Supreme Court

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.

Hot Off The Press News

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

Case Briefs District Court

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