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“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”
“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.”
The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.
It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.
The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.
In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child.
Any irregularity or illegality in the remand order is not a statutorily sanctioned reason for grant of default bail
Karnataka High Court: While deciding the instant appeal for restoration assailing the order passed by the Trial Court wherein the
Allahabad High Court: In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to
Securities and Exchange Board of India (SEBI), Special Court, Maharashtra: In the instant case dealing with unregistered brokerage, Vishal Sadashivrao
Jammu and Kashmir and Ladakh High Court: While deciding the instant petitions, the question that came up before that Court
Telangana High Court: K Lakshman, J. upheld the petitioner’s appeal against the application of the Directorate of Enforcement (ED) seeking to extend
Supreme Court: In a case where the Magistrate had passed an order under Section 156(3) CrPC even in absence of an affidavit
Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing
The National Human Rights Commission, India has issued a notice to the Delhi Metro Rail Corporation, DMRC, after taking cognizance of a
National Human Rights Commission, India, after taking cognizance of a complaint about the brutal assault on a doctor by the relatives of
“…country is passing through an unprecedented and scary second wave of Covid-19”
National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed the revision petition while upholding the State Commission’s order. Respondent/Complainant
Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of