cognizance Archives

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.

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs Supreme Court

‘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.”

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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,

Case Briefs High Courts

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

Case Briefs High Courts

Del HC | Closure of bank account of accused prior to issuing of cheque is a matter for trial; taking of cognizance under S. 138 NI Act sustained

Delhi High Court: Anu Malhotra, J. dismissed a petition filed against the order of the trial court whereby the petitioner was summoned on

Case Briefs High Courts

Del HC | Law regarding quashing of FIR in non-compoundable offence under S. 498-A IPC culled out

Delhi High Court: R.K. Gauba, J., referring to the relevant authority on the subject, allowed a petition filed under Section 482 CrPC

Case Briefs High Courts

Ori HC | Court should not take cognizance if the act complained of appears to have inseparable nexus with discharge of official duty

Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance

Case Briefs High Courts

Pat HC | Petitioner unable to provide explanation regarding rice gunny bags bearing FCI logo and tag; charges under Essential Commodities Act sustained

Patna High Court: The Bench of Ahsanuddin Amanullah, J. dismissed an application seeking relief in the matter wherein cognizance of the offence

Case Briefs High Courts

Tri HC | No infirmity in order refusing to take cognizance of police report filed on basis of incomplete investigation

Tripura High Court: The Bench of S. Talapatra, J. dismissed a criminal revision petition challenging an order whereby the Sessions Court refused

Case Briefs Supreme Court

Second complaint based on discovery of new facts in the same matter is maintainable: SC

Supreme Court: M.M. Shantanagoudar, J speaking for himself and N.V. Ramana, J. allowed an appeal filed against the judgment of the Patna

Case Briefs High Courts

Courts to not take cognizance of offences under Ss. 56 & 57 of FERA unless opportunity to show requisite permission under S. 61(2)(ii) provided

Delhi High Court: A Single Judge Bench of the Delhi High Court comprising of Sanjeev Sachdeva, J., allowed a Criminal Revision Petition

Case Briefs High Courts

Cognizance of offences committed under SC & ST (Prevention of Atrocities) Act can only be taken by a Special Court

High Court of Jharkhand at Ranchi: The Court recently addressed a petition which had been filed for quashing a previous order given

Case Briefs High Courts

Prior sanction of State Government is a condition precedent for taking cognizance against police officer discharging official duty

Patna High Court: The 3-judge bench of I. A. Ansari ACJ, Chakradhari Sharan Singh and Navaniti Prasad Singh, JJ upheld the validity

Case Briefs Supreme Court

Court of Sessions has revisional power if the Magistrate refuses to take cognizance of a matter

Supreme Court: The case before the bench comprising of A.K. Sikri & R.K Agarwal,JJ was whether the Court of Sessions is empowered

High Courts

Court takes suo motu cognizance on basis of news report and directs State Government to pay compensation of Rs. 1,00,000 to a rape victim

Jharkhand High Court: Taking suo motu cognizance on the basis of news report published in the ‘Hindustan Times’ dated 29th August, 2015