Stage of Election Petition Proceedings Explained

2025 0 Supreme(Ker) 2693

Stage (4) of the EIA Notification, 2006 which is extracted here under. ... As rightly canvassed by the learned Counsel for the petitioner, grant of opportunity by SEIAA at Ext.P10 stage cannot substitute the mandate of granting an opportunity by SEAC at Ext.P5 stage. ... There is a specific mandate that the appraisal shall be made in a transparent manner, in a proceeding to which the applicant ‘shall ’ be invited for furnishing necessary clarifications in person or through an authorized person. ... Nor is any explanation....

2025 Supreme(Online)(Ori) 6493

As has been already clarified hereinbefore, the present proceeding has not yet reached the stage of trial. 33. At present, the proceeding is at the stage of discharge before the charge is framed by the trial court. ... Proceeding along similar lines, recently in Ram Prakash Chadha v. State of U.P. ... As is clear from the aforesaid discussion, it is a fairly well- established principle of law that at the stage of framing of charge the court has to prima facie consider whether there i....

I am inclined to think that the objection was taken at so late a stage as to preclude the accused now from contending that the provisions of the law ought to have been complied with as soon as he made the objection, no matter at what stage he took it. ... If this proposition is accepted, it seems unreasonable to differentiate between the various stages of a proceeding at which objection might be taken. ... Held, that the Magistrate was right in proceeding to determine the case as the objection had been taken at a....

2023 0 Supreme(P&H) 1864

Normally, a direction for filing of a complaint is not made during the pendency of the proceeding before the Court and this is done at the stage when the proceeding is concluded and the final judgment is rendered. ... This has been so held that the Court, at the stage as envisaged in Section 340 Cr.P.C., is not deciding the guilt or innocence of a party, against whom proceedings are to be taken before the Magistrate but is at that stage only considering whether it is expedient, in the ... The reasons ....

High Court of Rajasthan - High Court Bench at Jaipur

evidence on affidavit and if such affidavit is filed it shall be treated to be may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding ... According to the learned counsel for the petitioner as in the present case the stage of commencement of recording of evidence was reached as soon as charge complainant cases where proceedings have gone to the stage of Section p style

Court, otherwise than on summons or warrant, Section 187 (1) of the Criminal Procedure Code states that the Magistrate should, after examination as required by section 151 (2) of the Criminal Procedure Code, frame a charge against the accused if he is of opinion that there is sufficient ground for proceeding ... evidence which has influenced him at the pre-trial stage, must necessarily be tested by cross-examination. ... The prosecution called the injured man, Murugiah, but Senaratne, who had given evidence at the pre-trial stage, ....

2025 0 Supreme(Cal) 297

of closure report are not set aside by taking further action, it cannot said that PMLA proceeding still survive, though in all such cases Court also inclined to grant liberty for revival, if any of aforesaid order is quashed at a subsequent stage. ... Since PMLA proceeding cannot have an independent existence de hors the underlying predicate offence, in the absence of which the said PMLA proceeding cannot exist. 7. ... Here acceptance of final report by Magistrate, prima facie establishes that there exists no belief at t....

2024 0 Supreme(P&H) 452

Counsel for respondent No.-1 ED has filed a reply and opposed the petition and submitted that the petition filed by the petitioner is at a very premature stage as the proceedings initiated under PMLA are at the initial stage of the adjudication, i.e., the summoning of the accused and production of documents ... When there is no “Scheduled Offence”, the proceeding initiated under the provisions of Prevention of Money Laundering Act, 2002 cannot stand alone. 31. In Debendra Kumar Panda v. ... On the contrary, when the Enforcement Directora....

2024 0 Supreme(P&H) 1097

Deepak Gupta, 2015 (2) RCR Criminal 32, so as to contend that at the stage of cognizance and summoning the accused, Magistrate is only required to find out as to whether prima-facie case has been made out and that at this stage, Magistrate is not required to consider the defence version or material or ... in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; (g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously ....

2025 Supreme(Online)(P&H) 3323

Learned counsel contends that once the petitioner had filed the application at least at that stage, the petitioner should have been allowed to tender evidence. ... Learned counsel contends that before proceeding against ex parte against the petitioner, it was incumbent upon the learned trial Court to issue notice to the petitioner. ... It has firstly been submitted on behalf of the petitioner that before proceeding ex parte against the petitioner because counsel for the petitioner had pleaded no instructions, it was obligatory on part of ....

2018 0 Supreme(J&K) 717

The stage of proceeding under Section 156(3) is what is referred to as pre-cognizance stage. Section 190 of the Code of Criminal Procedure is reproduced as under: Now the question which requires consideration is whether such sanction precludes a Magistrate from passing an order on a complaint under Section 156(3) Cr.P.C? Cognizance is nowhere defined in the Code, however, a Magistrate can take cognizance under Section 190 of the Code.

2009 0 Supreme(Ker) 991

What is that stage or the proceedings, is the crucial question. The answer to that question would depend upon Rules 8 and 10 of Order XXXVIII read with Rule 58 of Order XXI C.P.C. as well. That question has to be adjudicated upon at the appropriate stage or in appropriate proceedings.

2007 0 Supreme(P&H) 2001

In every dispute there are or ought to be set procedures for appearance of the parties, and for representation of the parties before the concerned court. It is a step by step approach and not an open-ended one. After the preliminaries are over, the stage is set for proceeding further to the settlement of issues, recording of evidence and pronouncement of judgment.

2000 0 Supreme(MP) 690

It, therefore, follows that in the first stage there is no proceeding, but it relates to preparation for the initiation of proceedings. The boundary between the first stage and the second stage is the existence of materials on the basis of which the competent authority may form his belief and, in order to reach the second stage for the purpose of initiating proceedings for acquisition, the boundary has to be crossed." In other words, if there be no reason to believe in regard to the four matters specified above, there is no question of initiation of proceedings.

2000 0 Supreme(MP) 693

In other words, if there be no reason to believe in regard to the four matters specified above, there is no question of initiation of proceedings. It, therefore, follows that in the first stage there is no proceeding, but it relates to preparation for the initiation of proceedings. The boundary between the first stage and the second stage is the existence of materials on the basis of which the competent authority may form his belief and, in order to reach the second stage for the purpose of initiating proceedings for acquisition, the boundary has to be crossed. "