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
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
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
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
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
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
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
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
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,
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
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
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
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