12 August 2024

Search Results for Tag : Magistrate

Notifications & Circulars

Designating all CJM Courts of Chhattisgarh as Special Courts for the purposes of Sec. 280A of IT Act, 1961 & Sec. 84 of Black Money Act, 2015(22.08.2022)

In exercise of the powers conferred by sub-section (1) of section 280A of the Income-tax Act, 1961 (43 of 1961) read with section 84 of the Black Mone.....

Tags : Magistrate Courts, Special Courts, Designation

Judgments

Judicial/Executive Magistrate empowered to issue directions to any person including accused to give specimen signatures and handwriting during the investigation of case.(25.07.2016)

A government scheme was launched for providing loans at the cheaper interest rates to poor persons living below the poverty line to enable them to pur.....

Tags : Magistrates, issuance of directions, power

Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 does not prohibit Additional District Magistrate to pass externment order(29.01.2019)

In facts of present matter, the Additional District Magistrate, has passed an order externing Respondent for a period of one year from the district co.....

Tags : Externment order, Jurisdiction, Additional District Magistrate

News

SC Upholds Appointment of 66 Kerala Munsiff Magistrates from 2013(08.10.2018)

Supreme Court has held that the Kerala High Court was justified in making appointments of 66 munsiff magistrates selected pursuant to the advertisemen.....

Tags : Supreme Court, Munsiff Magistrates

SC Issues Notice to Sub-Divisional Magistrate, Gorakhpur for Misleading the Court(28.09.2020)

Supreme Court has issued notice to one Manisha Waskale, Sub-Divisional magistrate, inquiring why appropriate proceedings be not initiated against her .....

Tags : Supreme Court, Sub-Divisional Magistrate, Gorakhpur

Jodhpur Based Court Acquits Salman Khan of All Charges Under Arms Act in Black Buck Poaching Case(18.01.2017)

A Jodhpur based Court has acquitted Bollywood Actor Salman Khan of all charges in Arms Act case against him in alleged poaching of two black bucks, af.....

Tags : Chief Judicial Magistrate, Jodhpur district, Salman Khan, Arms Act, Black Buck Poaching

Magistrate Not Liable to Record Reasons for Summoning Accused in Case Instituted on Police Report: SC(06.02.2019)

Supreme Court has re-iterated that in a case based upon the police report, the Magistrate is not required to record any reason at the stage of issuing.....

Tags : Supreme Court, Magistrate Not Liable to Record Reasons for Summoning Accused in Case Instituted on Police Report

Bombay HC: Jurisdiction of DM Under SARFAESI Act Purely Ministerial in Nature(25.08.2022)

Bombay High Court while observing that jurisdiction of District Magistrate (DM) is limited only to assisting secured creditors in taking possession of.....

Tags : Bombay High Court, SARFAESI, District Magistrate

Executive Magistrate can’t Order Police to Register FIR: SC(14.12.2018)

Supreme Court has observed that Executive Magistrate can’t direct the police to register an F.I.R. on basis of a private complaint lodged before him.

Tags : Supreme Court, Executive Magistrate, FIR

SC: S.202 CrPC Procedure Mandatory When Accused Resides at Place Outside Jurisdiction of Magistrate(25.08.2023)

Supreme Court has held that there is no doubt that procedure under Section 202 CrPC will have to be held as mandatory in a case where the accused is r.....

Tags : Supreme Court, Mandatory, Jurisdiction, Magistrate

Supreme Court: Magistrate Can Invoke Power under Section 156(3) CrPC Even at Post-Cognizance Stage(17.10.2019)

Supreme Court has ruled that Magistrate can invoke power under Section 156(3) of the Code of Criminal Procedure, 1973 even at post cognizance stage. T.....

Tags : Supreme Court, Magistrate

Madras High Court: Magistrate Cannot Order FIR Registration in Matters having Impact on Free Speech(25.10.2019)

Madras High Court has while quashing criminal proceedings instituted against ninety year old Tamil writer namely K.Rajanarayanan for allegedly insulti.....

Tags : Madras High Court, Magistrate

Kar. HC: Magistrate's Permission Mandatory for Police Investigation U/S 127A of RP Act(02.09.2022)

Karnataka High Court has said that offence under Section 127-A of the Representation of People Act (Restrictions on the printing of pamphlets, posters.....

Tags : Karnataka High Court, Representation of People Act, Magistrate

Del. HC: Magistrates Taking Cognizance of Offences Can’t be a Routine Exercise(21.09.2023)

Delhi High Court while observing that if there is an order of magistrate taking cognizance of offence then the same would be perfunctory and not refle.....

Tags : Delhi High Court, Cognizance, Offence, Magistrate

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

SC: Additional Chief Metropolitan/District Magistrate Can Exercise Power U/S 14 of SARFAESI(28.07.2022)

Supreme Court has held that term ‘District Magistrate’ and ‘Chief Metropolitan Magistrate’ as appearing in Section 14 of the SARFAESI Act shall deem t.....

Tags : Supreme Court, SARFAESI, Magistrate

SC: Additional CMM is Not Subordinate to CMM in Exercise of Judicial Powers(28.07.2022)

Supreme Court has held that Additional Chief Metropolitan Magistrate (CMM) cannot be said to be subordinate to the Chief Metropolitan Magistrate in so.....

Tags : Supreme Court, Chief Metropolitan Magistrate, Powers, Subordinate

Cal. HC Formulates Guidelines for Executive Magistrates Exercising Jurisdiction U/S 111 CrPC(04.08.2022)

Calcutta High Court has laid down guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure (Cr.....

Tags : Calcutta High Court, Executive Magistrate, Guidelines

Arthur Road Jail, Sanjay Dutt's Former Prison, May House Vijay Mallya Too(29.11.2017)

Arthur Road Jail, Sanjay Dutt's Former Prison, May House Vijay Mallya Too

Tags : The Westminster Magistrates' Court had earlier this month rejected Indiaâ€™s extradition request for a UK-based alleged bookie, on the grounds that his human rights would be violated in Delhiâ€™s notoriously overcrowded Tihar Jail.

Supreme Court: Chief Judicial Magistrates Competent to Deal With Applications U/s 14 SARFAESI Act(24.09.2019)

In an important ruling, SC has held that a Chief Judicial Magistrate is equally competent to deal with the application moved by the secured creditor u.....

Tags : Supreme Court, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Chief Judicial Magistrate

Cal. HC: DM Can Delegate Powers to Executive Magistrate to Take Possession of Secured Assets(14.09.2022)

Calcutta High Court has held that step taken under Section 14 of SARFAESI Act while taking possession of the secured assets is a ministerial step and .....

Tags : Calcutta High Court, SARFAESI, District Magistrate

All. HC: Prelim. Inquiry can be Ordered if Appln u/s 156(3) CrPC Doesn’t Disclose Cognizable Offence(09.11.2023)

Allahabad High Court has held that if the application u/S 156(3) Cr.P.C, filed before Magistrate, in the considered opinion of the Magistrate, doesn’t.....

Tags : Allahabad High Court, Cognizable Offence, Preliminary Inquiry, Magistrate

Ker HC: If Presence of Accused Can’t be Secured Despite Best Effort, Magistrate can Stop Proceedings(07.12.2023)

Kerala High Court has held that in cases where the presence of the accused cannot be secured notwithstanding the earnest and sincere efforts of the Pr.....

Tags : Kerala High Court, Magistrate, Presence, Accused

Bombay HC: DV Act Cases Can be Transferred to Family Court(02.01.2024)

Bombay High Court has held that Section 12 application under the Domestic Violence Act, 2005 before a magistrate can be transferred to a Family Court .....

Tags : Bombay High Court, Domestic Violence, Magistrate, Family Court

Bombay High Court Denies Pre-Arrest Bail to Magistrate Accused of Corruption(08.03.2021)

Bombay High Court has refused anticipatory bail to a Judicial Magistrate First Class (JMFC) from Maval Court, in Maharashtra, accused under the Preven.....

Tags : Bombay High Court, Pre-Arrest Bail to Magistrate Accused of Corruption

Calcutta HC Orders District Magistrate to Act as Impartial Authority and Steer from Political Motivat(16.12.2020)

Calcutta High Court has ordered the District Magistrate of Cooch Behar District in West Bengal, to act as an impartial authority and to steer away fro.....

Tags : Calcutta High Court, District Magistrate

Bombay High Court Puts On Hold DV Case Against Magistrate(07.03.2017)

Bombay High Court has stayed proceedings initiated against a woman Chief Metropolitan Magistrate in Gujarat in a domestic violence case filed by her b.....

Tags : Bombay High Court, domestic violence, Magistrate

All. HC: Prosectution Witness Already Cross-Examined Can’t be Compelled to Re-Appear(12.01.2024)

Allahabad High Court has held that a prosecution witnesses who have already put in appearance at the time of prosecution evidence and have been cross-.....

Tags : Allahabad High Court, Witnesses, Cross-Examined, Magistrate

All HC: Visa and Citizenship Claim to be Decided on Merits & not on Negative Report of DM(22.01.2024)

Allahabad High Court has held that claim for visa and citizenship cannot be decided by a negative report of the District Magistrate (DM). It has to be.....

Tags : Allahabad High Court, Competent Authority, Negative Report, District Magistrate

Delhi HC Put Stay on SDMs Order Barring Lawyers from Appearing(01.08.2016)

Delhi HC has put on hold an order and a public notice issued by two Sub Divisional Magistrates (SDMs) prohibiting lawyers from practicing or appearing.....

Tags : Delhi HC, Sub Divisional Magistrates , marriage registration matters

Magistrate can’t Suo Motu Direct Further Investigation After Discharging Accused: SC(17.04.2019)

Supreme Court has observed that Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges.....

Tags : Supreme Court, Magistrate, Investigation

Westminster Magistrates’ Court Remands Nirav Modi in Custody(31.01.2020)

Westminster Magistrates’ Court in London has remanded Nirav Modi in custody till February 27, in the Punjab National Bank Fraud Case.

Tags : Westminster Magistrates' Court, Nirav Modi

Supreme Court: Magistrate While Holding Inquiry Under Section 202 CrPC Required to Take Broad View(01.02.2020)

Supreme Court has observed that while holding inquiry under Section 202 of Code of Criminal Procedure, 1973 the Magistrate is required to consider whe.....

Tags : Supreme Court, Magistrate

Cal. HC: Magistrate Denuded to Remand Accused Beyond 30 Days Once UAPA Offences Are Added to FIR(07.12.2022)

Calcutta High Court has held that a Magistrate neither has the power to try, nor commit cases involving UAPA, and therefore, once the addition of offe.....

Tags : Calcutta High Court, UAPA, Remand, Magistrate

Kerala HC Mandates Production of Accused Before Magistrate Via Electronic Means Only(26.05.2020)

Kerala High Court has instructed that production of an accused before the Magistrates and Special Judges in the State will be done via electronic mean.....

Tags : Kerala High Court, Production of Accused Before Magistrate

SC: Mere Delay in Forwarding FIR to Magistrate is Not a Ground to Acquit Accused(27.05.2020)

Supreme Court has stated that the delay in sending the First Information Report to the Magistrate in compliance of Section 157 of the Code of Criminal.....

Tags : Supreme Court, Delay in Forwarding FIR to Magistrate

Karnataka HC: Private Complaint Before Magistrate Court Alleging Offence u/s 191 IPC Maintainable(17.03.2022)

Karnataka High Court has said that a private complaint made before the magistrate court alleging offence under section 191 of Indian Penal Code, 1860 .....

Tags : Karnataka High Court, Private Complaint Before Magistrate Court

Raj. HC: Coercive Action Stayed Against Magistrate Who Allegedly Asked Rape Victim to Strip(10.04.2024)

Rajasthan High Court has stayed coercive action against a Judicial Magistrate who has been accused of asking a rape victim to strip and show her injur.....

Tags : Rajasthan High Court, Judicial Magistrate, Rape Victim, Coercive Actions

Bombay HC: Court Setting Aside Magistrate's Order for Police Investi. Won’t Lead to Quashing of FIR(15.04.2024)

Bombay High Court has held that if a revision court sets aside a Magistrate’s order to conduct a police investigation in a cognizable offence under Se.....

Tags : Bombay High Court, Section 156(3) of CrPC, First Information Report, Magistrate's Order

Mumbai Court Grants Bail to Key Accused in Clubhouse App Case(01.04.2022)

Mumbai Metropolitan Magistrates Court has granted bail to 18-year old Akash Suyal, martyred Army officer's son and creator of chat room on Clubhouse, .....

Tags : Metropolitan Magistrates Court, Clubhouse App Case

Madras HC Sentences Man to 3 Months Imprisonment for Using Foul Language Against Magistrate(29.04.2019)

Madras High Court has sentenced a man to three months of simple imprisonment for using foul language against a judicial magistrate in a representation.....

Tags : Madras High Court, Foul Language Against Magistrate

Karnataka High Court Held That District Magistrate Empowered To Attach Property(08.03.2022)

Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike.....

Tags : Karnataka High Court, District Magistrate, Property

Cal. HC: Magistrate Can’t Issue Automatic Order to Stop Investigation Upon Expiry of 6 Months(27.03.2023)

Calcutta High Court has held that Magistrate can stop investigation if Investigating Officer fails to satisfy Magistrate that in interests of justice .....

Tags : Calcutta High Court, Magistrate, Automatic Order, Investigation

Delhi HC: Presence of Magistrate During Search Not Mandatory If Accused Waives His Right(09.06.2021)

Delhi High Court has held that once a suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985 is informed about his right to be searche.....

Tags : Delhi High Court, Presence of Magistrate During Search

Rajasthan HC Dismisses Widow's Plea Seeking Horizontal Reservation in ST Category(28.04.2022)

Rajasthan High Court has dismissed a widow's challenge to the legality of the category-wise merit list prepared after preliminary examinations for rec.....

Tags : Rajasthan High Court, widow's, preliminary examinations, category-wise merit list, Civil Judge, Judicial Magistrate, Rajasthan Judicial Services

Chhattisgarh HC: Mandatory to Place Report of Further Investigation Carried Out Before Magistrate(18.04.2022)

Chhattisgarh High Court has held that in cases where an additional investigation has been carried out then irrespective of its outcome, such further i.....

Tags : Chhattisgarh High Court, investigation report, Magistrate

NGT to DM Prayagraj & Kaushambi: Take Action Against Alleged Illegal Sand Mining in Yamuna(10.04.2023)

National Green Tribunal, Principal bench has directed District Magistrates of Prayagraj and Kaushambi districts in Uttar Pradesh to take action agains.....

Tags : National Green Tribunal, Illegal Sand Mining, Yamuna, District Magistrates

Kar. HC: Amendment Conferring Magistrate’s Power Upon Executive Authority is Ultra Vires(19.04.2023)

Karnataka High Court has held that Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 which conferred powers on Revenue officials to .....

Tags : Karnataka High Court, Magistrate’s Power, Executive Authority, Ultra Vires

Rajasthan HC Directs to Conduct Training of Principal Magistrates in JJ Boards(15.07.2021)

Rajasthan High Court has directed Child Rights Department of the State Government to ensure that a training programme is conducted for Principal Magis.....

Tags : Rajasthan High Court, Training of Principal Magistrates in JJ Boards

Kerala HC Stays Munsiff-Magistrate Notification on Finding That it Excluded EWS Reservation(23.07.2020)

Kerala High Court has stayed a High Court notification dated 20th June, 2020 inviting applications for appointment to the post of Munsiff-Magistrate, .....

Tags : Kerala High Court, Munsiff-Magistrate Notification

Karnataka HC Initiates Suo Moto Case to Quash Private Complaint Against Judicial Magistrate(24.07.2020)

Karnataka High Court has directed the Registrar General of the High Court to register a suo-motu criminal Petition under Section 482 of the Code of Cr.....

Tags : Karnataka High Court, Private Complaint Against Judicial Magistrate

Chhattisgarh HC Issues Practice Directions to Magistrates Trying Offences Under NI Act(05.07.2021)

Chhattisgarh High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instru.....

Tags : Chhattisgarh High Court, Practice Directions to Magistrates Trying Offences Under NI Act

Kar. HC: SHO Can Seek Magistrate's Permission to Investigate Non-Cognizable Offence(21.06.2023)

Karnataka High Court while observing that it is not necessary for the informant alone to approach Magistrate with requisition seeking permission under.....

Tags : Karnataka High Court, Non-Cognizable Offence, Permission, Magistrate

Gujarat High Court Suspends JMFC over Corruption Charges(23.12.2015)

Gujarat High Court has suspended a Judicial Magistrate First Class (JMFC) who was facing corruption charges.

Tags : Gujarat High Court, Judicial Magistrate First Class, corruption charges

Supreme Court: 'Police Can’t Act As Executive Magistrates'(24.10.2017)

Supreme Court has expressed surprise that police officers have been assigned the task of Executive Magistrates under Criminal Procedure Code to ensure.....

Tags : Supreme Court, Executive Magistrates

SC: HC Can’t Quash Magistrate's Order U/S 14 SARFAESI Act, While Exercising Power U/S 482 CrPC(10.07.2023)

Supreme Court has held that petition filed under Section 482 of CrPC to quash an order passed under Section 14 of the SARFAESI Act is not sustainable,.....

Tags : Supreme Court, SARFAESI, Magistrate's Order, Quash

Manipur HC: Cognizance Can't Be Taken for Offence u/s 188 IPC(08.04.2022)

Manipur High Court has held that Magistrate cannot take cognizance of a complaint which involves an offence punishable under Section 188 of the Indian.....

Tags : Manipur High Court, Magistrate, cognizance, Section 188 of the Indian Penal Code, 1860, public servant

Copyright © 2024 - All Rights Reserved