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Showing posts with label chief judicial magistrate. Show all posts
Showing posts with label chief judicial magistrate. Show all posts
Saturday, 31 December 2022

Whether Magistrate must heard borrower before Allowing Possession Of Assets U/S 14 of SARFAESI Act?

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The SARFAESI Act is intended to facilitate quick recovery of secured debts without extending any opportunity of hearing to a borrower and wi...
Friday, 30 December 2022

Whether the Court of Additional Sessions Judge is Empowered To Try Offences Under Insolvency and Bankruptcy code?

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  It may also be noted that Section 236(3) of the I.B. Code creates a deeming fiction that the Special Court trying offences under I.B. Code...
Wednesday, 28 December 2022

Whether Magistrate should commit cases under Drugs and Cosmetics Act after amendment of said Act effective from 10-8-2009?

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  In this case, on 10.8.2009, the sample was taken by the respondent, who is a Drug Inspector of the State and on 22.3.2005 the case was in...
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Sunday, 31 July 2022

Whether Additional Chief Judicial Magistrate can pass order U/S 14 of SARFAESI Act?

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We are in complete agreement with the view taken by the High Court that (i) the District Magistrate, Chief Metropolitan Magistrate is not a ...
Sunday, 21 August 2016

Whether CJM can tender pardon to accused after commitment of case to session court?

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In view of the rival submissions, the first question that arises for consideration is whether the approver's evidence can at all be re...
Wednesday, 13 July 2016

Whether Chief Judicial Magistrate in non-metropolitan area can entertain an application U/S 14 of SARFAESI Act 2002?

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 According to us, there is no casus omissus. We are not reading something into the provision which the Legislature never intended to nor a...
Sunday, 1 November 2015

Whether chief judicial Magistrate can grant stay to proceeding in the court of JMFC during hearing on transfer application?

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The above principle is applicable in the, instant case. If during the pendency of the application for withdrawal, the case itself is dispos...
Monday, 10 June 2013

Chief Metropolitan Magistrate or Chief Judicial Magistrate shall record confession of accused under Mocca Act

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18. Certain confessions made to police officer to be taken into consideration. (1) Notwithstanding anything in the Code or in the Indi...