Jurisdiction of Court -- Civil and criminal Court - Distinction : (i) The stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by S.21 CPC - Whereas, there is no provision in Cr.P.C akin to S.21 CPC; (ii) In civil proceedings, a plaint can be returned U.O.7.R.10 CPC, to be presented to the proper Court,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to accused in writing - Arrest is unconstitutional - Custody of accused on orders of remand also vitiated - Filing of charge sheet and order of cognizance does not validate an arrest which is per se unconstitutional - Order of remand, set..........
Indian Penal Code, 1860, Section 143, 448, 504 -- Unlawful assembly - Delivering a speech or raising slogans does not constitute offence under IPC - Moreover, there is no evidence of violence or threats that could have disturbed public peace and order - Dispute in question remains a civil matter and allegations made do not constitute a criminal offence - Order taking..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Criminal Procedure Code, 1973, Section 156(3), 202, 203 -- Application u/s 156(3) Cr.P.C - First stage at which cognizance of offence alleged in the application u/s 156(3) Cr.P.C is taken is after inquiry conducted u/s 202 Cr.P.C which reveals sufficient ground for proceeding and application u/s 156(3) Cr.P.C is not dismissed u/s 203 Cr.P.C...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - Merely because the prosecution complaint had been filed and cognizance was taken by Court that itself would not be the ground or consideration to release the respondent on bail, when mandatory requirements as contemplated in S.45 of the Act have not been complied with...........
Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
