10 August 2020


Search Results for Tag : Cognizance

Judgments

Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

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Magistrate can exercise his discretion suo moto or on an application of any of parties(27.12.2017)

The Petitioners have filed present application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) for quashing the impugned order passed by.....

Tags : Cognizance, Committal, Court of Session

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A cognizance can be quashed only when uncontroverted allegations made in F.I.R or complaint do not disclose commission of any offence(19.02.2018)

Present is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) with a prayer to quash the criminal proceeding wherein the .....

Tags : Cognizance, Quashing of, Grant

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Sessions Judge is empowered to call for and examine record of any proceeding before any subordinate criminal court situated within its jurisdiction(23.02.2018)

Appellant filed a complaint before the jurisdictional police station under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 (IPC) and.....

Tags : Complaint, Cognizance, Remand order, Validity

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An emoji is sent to express ones feeling about something, it cannot be treated as an overt act on others.(05.06.2018)

In facts of present case, all the Petitioners are working in BSNL Department and the Second Respondent/de-facto complainant is also in BSNL Department.....

Tags : Cognizance, FIR, Quashing of

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FIR can only be quashed in order to prevent abuse of process of law or to otherwise secure the ends of justice(17.10.2018)

In the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), the Petitioners seek quashment of FIR registered at Poli.....

Tags : FIR, Cognizance, Quashing of

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Magistrate is not bound by the conclusion drawn by the police officer(03.01.2019)

The State by means of present revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) has chall.....

Tags : Cognizance, Refusal, Validity

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Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....

Tags : Cognizance, Proceedings, Quashing of

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Courts should be liberal in allowing third-party locus standi(12.04.2016)

Courts should be “liberal in allowing any third party” with a bona fide connection with the matter so long as it ‘advance[s] substantial justice’, the.....

Tags : Locus standi, cognizance, third party

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Order whereby cognizance of offence has been taken by the Magistrate should not be interfered with, unless it is perverse or based on no material(07.03.2019)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Applicant with the request to quash the summoni.....

Tags : Cognizance, Proceedings, Final report

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Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....

Tags : Proceedings, Cognizance, Quashing of

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No Court could take cognizance of offence under Section 186 of IPC except on a complaint of a proper officer made under Section 195 of CrPC(01.07.2019)

Petitioner impugns order, whereby, charges have been framed against the Petitioners under Sections 186, 353 and 307 of Indian Penal Code, 1860 (IPC) r.....

Tags : Cognizance, Proceedings, Validity

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Cognizance can be taken only on a complaint made by Appropriate Authority concerned(16.07.2019)

Present appeal arises out of judgment passed by the High Court by which the High Court has quashed the summoning order issued against the Respondents .....

Tags : Cognizance, Proceedings, Quashing of

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Court has to be prima facie satisfied that, there have been instances of domestic violence before issuing notice(22.01.2020)

Present appeal arises out of the impugned judgment passed by the High Court by which the High Court has dismissed the petition filed by the Appellants.....

Tags : Complaint, Cognizance, Jurisdiction

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A Corporate Debtor would not be liable for any offence committed prior to commencement of CIRP and would not be prosecuted, if a resolution plan has been approved by Adjudicating Authority(13.03.2020)

The Petitioner has filed the present petition impugning an order, whereby the Trial Court had taken cognizance of the offences punishable under the Co.....

Tags : Complaint, Cognizance, Quashing of

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If the special statute provides a different procedure, the provisions of the Cr. PC would not apply to the extent of inconsistency(07.07.2020)

By means of present petition filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC), the order taking cognizance.....

Tags : Dishonour, Cheque, Cognizance, Legality

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News

Kerala HC Takes Suo Moto Cognizance to Monitor State Action During Lockdown(31.03.2020)

Kerala High Court has taken suo moto cognizance of reported incidents of police brutality against persons who are allegedly violating the national loc.....

Tags : Kerala HC, Suo Moto Cognizance

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Allahabad HC Takes Suo Moto Case on Assistance to Needy Advocates and Clerks Amid Lockdown(13.04.2020)

Allahabad High Court has taken suo moto cognizance of the issue of financially weak Advocates and registered Advocate Clerks, who are now on the verge.....

Tags : Allahabad High Court, Allahabad High Court has taken suo moto cognizance of the issue of financially weak Advocates and registered Advocate Clerks, who are now on the verge of starvation due to loss of Court work in face of the lockdown.

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Jharkhand HC Takes Suo Moto Cognizance of Non-Implementation of Lockdown Measures(16.04.2020)

Jharkhand High Court has taken suo moto cognizance of certain news reports on non-implementation of the lockdown measures in the State.

Tags : Jharkhand HC, Suo-Moto Cognizance

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Supreme Court: Central Government May Accord Sanction Even After Cognizance of Offence(09.03.2020)

Supreme Court has held that the Central Government may accord sanction under the proviso to Section 188 of Code of Criminal Procedure, 1973 even after.....

Tags : Supreme Court, Cognizance of Offence

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Kerala High Court: Cognizance to be Taken at Time of Rendering Judgment/ Final Order(25.06.2019)

Kerala High Court has observed that legitimate stage when the Court could take cognizance of offence of perjury invoking Section 344 of Code of Crimin.....

Tags : Kerala High Court, Cognizance

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Supreme Court: Magistrate Cannot Order Further Investigation After Cognizance Has Been Taken(03.02.2017)

Supreme Court has held that Magistrate cannot order further investigation after cognizance has been taken, process has been issued and accused has ent.....

Tags : Supreme Court, Magistrate, Cognizance, investigation

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CRIMINAL - Presence of Complainant Not Required to Take Cognizance in Dishonour of Cheque Case: Kerala HC(28.02.2019)

Kerala High Court has held that presence of complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of Negotiable .....

Tags : Kerela High Court, Cognizance in Dishonour of Cheque Case

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