Yearly Wrap Up | A Reflection on 2020
It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in
Magistrate
MP HC | It is true that alternative remedy is not an absolute bar to a writ petition, but it is equally well settled that if there is an alternative remedy HC should not ordinarily interfere
Madhya Pradesh High Court: S.A. Dharmadhikari, J., dismissed the instant petition filed under Articles 226 and 227. The facts of the case
Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law
Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of
Bom HC | Can Family Court entertain application for reliefs under Ss. 18 to 22 of the Protection of Women from Domestic Violence Act, 2005? HC answers
Bombay High Court: C.V. Bhadang, J., addressed whether the Family Court can application for reliefs under Section 18 to 22 of the
Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act
Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138
[Flashback] Pendency of Cases being a pressing issue, Madras HC in its 2018 decision had issued guidelines highlighting: Cases of Absconding Persons || Detailed Report
Madras High Court: N. Anand Venkatesh, J., issued guidelines pertaining to deal with cases wherein accused persons are absconded leading to the pendency
Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed
Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.
Kar HC | Is it mandatory to file an affidavit for invocation of jurisdiction of Magistrate under S. 156(3) CrPC? Petition allowed partly
Karnataka High Court: John Michael Cunha J., allowed the petition partly stating that Section 156(3) CrPC applications are to be supported by
AP HC | Can the Magistrate apart from police officer be liable for departmental action along with Contempt of Court before HC? Law explained in light of Arnesh Kumar’s decision by SC
Andhra Pradesh High Court: Lalitha Kanneganti, J., addressed a matter wherein the accused was arrested without warrant alleged to have posted certain material
J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed
Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to
SL CoA | Writ Court cannot monitor criminal investigations as a Magistrate; Court dismisses appeal in the Easter Sunday Terror Attack case hinting re-arrest in case of discovery of new evidence
Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Mahinda Samayawardhena and Arjuna Obeyesekere, JJ., while
Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates
Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made
SL SC | Accused of S. 314 Penal Code acquitted by the magistrate to be retried; Court dismisses appeal
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Bench of Buwaneka Aluwihare, LTB Dehideniya and P Padman Surasena, JJ.,
Madras HC | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months
Madras High Court: G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.
Del HC | In light of COVID-19, Magistrates should record statements of children under S. 164 CrPC over video conferencing or by visiting observation homes
Delhi High Court: A Division Bench of D.N. Patel, CJ and Prateek Jalan, J., directed that the statements under Section 164 of
Kar HC | In cases of ‘exceptional circumstances’ first remand proceedings can be permitted through video conferencing
Karnataka High Court: While deciding the issue of conducting remand proceedings under Section 167 of Criminal Procedure Code, 1973 by use of
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
All HC | Cognizance taken in a criminal case after taking extraneous material into consideration, is against the law and not sustainable
Allahabad High Court: Om Prakash-VII, J. allowed the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing
Bom HC | S. 143-A NI Act not available where complaint filed before the provision came into force, restated
Bombay High Court: Vibha Kankanwadi, J., dismissed a writ petition filed against the order of the Sessions Judge whereby he had reversed the