Meaning Of Term 'Cognizance' With Respect To Vinubhai Malaviya Judgment
4 years, 7 months ago

Meaning Of Term 'Cognizance' With Respect To Vinubhai Malaviya Judgment

Live Law  

Meaning and scope of cognizance The term cognizance has not been defined in the Code of Criminal Procedure, 1973. In Tula Ram vs. Kishore, it was held that taking cognizance means the judicial application of the mind of the Magistrate, to the facts mentioned in the complaint, with a view to take further action. Ltd. vs. State of Karnataka that the Magistrate is entitled to take cognizance of an offence under S.190 of the Code even if the police report points out that no case is made out against the accused. In the case of Vinay Tyagi vs. Irshad Ali, the Court held that Magistrates indeed have the power to order further investigation under Section 173 of the CrPC, after a police report was filed and even after cognizance was taken on the basis of the police report. The Court held in Sakiri Vasu vs. State of UP that any Judicial Magistrate before taking cognizance of the offence can order an investigation under Section 156 of the Code.

Investigation Court Power State Held Term Bench Code Stage Offence Magistrate Magistrates Further Investigation Cognizance Police Report Malaviya Judgment Vinubhai Malaviya Judgment Vinubhai Malaviya  power  stage  offence  court  investigation  vinubhai  malaviya  judgment  held  magistrate  vs  cognizance  term  meaning  respect  code

History of this topic

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
9 months ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
3 years, 11 months ago

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court

Live Law  

The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of Courts Rules as ultra vires to the Constitution of India and Section 19 of the Contempt of Courts Act. The …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
3 years, 11 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

Section 344 CrPC: Cognizance To Be Taken At The Time Of Delivering Judgment/ Final Order: Kerala HC [Read Judgment]
5 years, 6 months ago

Section 344 CrPC: Cognizance To Be Taken At The Time Of Delivering Judgment/ Final Order: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that legitimate stage when the court could take cognizance of offence of perjury invoking Section 344 of the Code is the time of court delivering the judgment or final order terminating the proceeding before it.A defence witness in an accident case deposed before the Grama Nyayalaya Court that the accident was the result of …

Discover Related