Tag Archives: magistrate

Magistrate not to examine merits of case while taking cognizance: SC

The Supreme Court of India recently reiterated that while taking cognizance of an offence based upon a police report, it is not necessary for the Magistrate to examine the merits and demerits of the case and whether the materials collected … Continue reading

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No automatic arrest of husband in Sec. 498A cases: SC

In an attempt to curb the misuse of Section 498A of Indian Penal Code, the Supreme Court of India issued new directions that included an end to the automatic arrest of the husband and his family members. Section 498A of … Continue reading

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FIRs’ to be uploaded within 24 hrs after registration: SC

The Supreme Court of India ruled that First Information Report (“FIR”) shall be uploaded on the police websites or on a State’s official website (if there is no police website) within twenty-four (24) hours of being registered so that the … Continue reading

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Passports to Children of Single Parents: Govt.

The Government of India has put in place a liberal policy for issue of passports to children of single parents whereby they can obtain passports for their minor children by furnishing an affidavit in the form of Annexure ‘C’ in … Continue reading

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PC can be granted for further investigation: SC

The Supreme Court of India has clarified that police remand can be sought in respect of an accused arrested at the stage of further investigation if the interrogation is needed by the investigating agency. “Police remand can be sought under … Continue reading

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Cognizance after application of mind by Magistrate: SC

The Supreme Court of India clarified that a Magistrate takes ‘cognizance’ of an offence on complaint after judicially applying the mind to the contents of the complaint and not just on the basis of the filing of the complaint. “Taking … Continue reading

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Delay in matrimonial disputes by courts ‘distressing phenomenon’: SC

Criticizing the apathetic attitude of the Family courts, the Supreme Court of India held that matrimonial and domestic disputes, including an application for grant of maintenance, have to be disposed of at the earliest by the Family courts by taking … Continue reading

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