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cognizance
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![Allahabad High Court](https://www.scconline.com/blog/wp-content/uploads/2024/02/Allahabad-High-Court-440x293.webp)
Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow
Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,
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No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
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Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’
“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”
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Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court
“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”
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Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
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Inherent powers of High Court are well defined: Allahabad High Court refuses to quash case against man accused of posting Lord Hanuman’s disrespectable picture
Allahabad High Court reiterated that at the stage of taking cognizance, the Court should not get in the merits of the case, and at such stage, the Court’s power is limited.
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“Facts and Circumstances of the case raise ‘serious suspicion’ about commission of offence”; Rohini Court takes cognizance of murder case
The Court observed that the suspect took two different stands distinct from each other, when he initially denied any conversation with the deceased after evening on the day he went missing, and then he disclosed the event of deceased slipping into the canal.
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Cognizance of Criminal Contempt by Single Judge of a High Court under the Contempt of Courts Act, 1971 in Absence of Any Rules Framed by the High Court — Permissibility
by B. Shravanth Shanker† and Monalisa Kosaria††
![Allahabad High Court](https://www.scconline.com/blog/wp-content/uploads/2022/11/MicrosoftTeams-image31-390x293.jpg)
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.
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Kerala High Court directs every station house officer to record FIR within an hour from the time information is received regarding an attack on a healthcare professional
Kerala High Court: In a case filed concerning recurring violence against Doctors and Healthcare Professionals, a Division Bench of Devan
![Orissa High Court](https://www.scconline.com/blog/wp-content/uploads/2022/06/orissa_high_court-440x293.jpg)
Orissa High Court| Sanction must be issued under Section 197 of CrPC for taking cognizance on having ‘reasonable nexus’ with official duty
Orissa High Court: In a criminal miscellaneous petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Code’) challenging the
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Jharkhand High Court directs AIIMS, Deogarh to submit report on availability of Burn Ward
Jharkhand High Court: The division bench of Ravi Ranjan, C.J., and Sujit Narayan Prasad, J., took suo motu cognizance of
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‘Irregularity in cognizance order does not vitiate trial’; SC finds no “failure of justice” in cognizance by Special Judge in Karnataka iron ore illegal mining case
“For vitiating the proceedings, something more than a mere lack of authority has to be established.”
J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained
Jammu and Kashmir High Court, Srinagar: Sanjeev Kumar, J., while addressing a matter in respect to Section 138 NI Act, stated that
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Cal HC | Rejection of complaint under S. 156(3) CrPC by Magistrate without taking cognizance under S. 190(1)(a) is an error in law; correct approach explained
Calcutta High Court: Madhumati Mitra, J., allowed a criminal revision application filed against the order of the Magistrate whereby he had rejected the
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Bom HC | The day on which accused refused to accept the demand notice is to be excluded while counting the 15 days period contemplated under S. 138(c) NI Act
Bombay High Court: Vibha Kankanwadi, J., while allowing a writ petition, quashed a complaint under Section 138 of the Negotiable Instruments Act, 1881,
Pat HC | An abstract principle of law cannot be applied in vacuum as there has to be foundational facts to which law can be applied
Patna High Court: Ahsanuddin Amanullah, J. dismissed the petition filed against the order passed in Sessions Trial by which the opposite parties