cognizance
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††
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.
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| 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
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
‘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
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
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
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
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
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
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
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
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
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
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