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Showing posts with label recording of reasons. Show all posts
Showing posts with label recording of reasons. Show all posts
Wednesday, 5 August 2026

Supreme Court: Under which circumstances, Magistrate is not required to record reasons for passing the order of issue process?

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 In Kanti Bhadra Shah and Anr. v. State of West Bengal   MANU/SC/0004/2000 : (2000) 1 SCC 722, the following passage will be apposite in thi...
Wednesday, 1 May 2024

Whether the Pocso court must record reasons if he could not record evidence of child within thirty days of taking cognizance of offence?

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Even otherwise, Section 35 of the POCSO Act allows the Special Court taking cognizance of the offence to record evidence of the  child after...
Friday, 26 June 2020

Whether the magistrate must give reasons while differing with the final report of police exonerating accused?

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After going through the record, it is evident that the complaint petition was thoroughly investigated by the investigating agency and the...
Tuesday, 26 December 2017

Whether appellate court can take additional evidence without recording reasons?

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Section 391 of the Code, insofar as relevant for the purpose of this appeal reads as follows: Appellate Court may take further eviden...
Saturday, 11 March 2017

Whether recording of reasons for grant of ex parte injunction is mandatory?

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As held by the Supreme Court in the case of Shiv Kumar Chadha (supra), the power to grant injunction is an extraordinary power vested in ...