AI Overview...
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Postponement of Issue of Process - Magistrates have the authority to postpone the issuance of process against an accused after receiving a complaint or during inquiry, if deemed fit. Such postponements are often based on the stage of proceedings and specific circumstances, including the need for further verification or to prevent abuse. Ramdeo Verma Son Of Late Ram Gulam Mahto VS State Of Bihar And Smt. Janki Devi Wife Of Surendra Paswan - Patna, Badri Prasad VS State of U. P. - Allahabad
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Initial Filing and Verification - The initial stage involves filing a complaint or nomination, where relevant information must be furnished accurately. Returning Officers or Magistrates are responsible for ensuring completeness and correctness of information at this stage, with penalties for false affidavits. Chiranjib Biswal VS Bishnu Charan Das - Orissa, Subramanian Swamy VS State of Assam - Gauhati
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Legal and Procedural Considerations - Courts may refuse to take cognizance or delay issuing process if the initial complaint or petition lacks proper verification or contains incomplete information. Orders for postponement are justified when further inquiry or verification is necessary, and such decisions are subject to judicial scrutiny. Rahul Kumar VS State of Bihar - Patna, Badri Prasad VS State of U. P. - Allahabad, Subramanian Swamy VS State of Assam - Gauhati
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Conditions for Adjournments and Postponements - Courts may grant adjournments or postponements, including costs or remand periods, especially after filing of charge-sheets or during inquiry stages. These are governed by procedural rules and aim to ensure fairness while maintaining judicial efficiency. Shardulbhai VS STATE OF GUJARAT - Gujarat
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Impact of Postponement on Proceedings - Postponements at initial stages are common to facilitate proper investigation and verification, but they must be justified and within legal bounds to avoid abuse or unnecessary delays in justice delivery. Rahul Kumar VS State of Bihar - Patna, Badri Prasad VS State of U. P. - Allahabad
Analysis and Conclusion:
Postponement or delay in issuing process is a procedural tool used by courts and magistrates to ensure thorough verification, prevent abuse, and uphold justice. While such delays are permissible at initial stages, they must be justified by proper grounds and conducted within the framework of legal provisions. Ensuring accurate and complete information at filing stages is crucial to avoid unnecessary postponements, which can hinder timely justice.
Search Results for "Postponement Filing Initial Information"
2025 0 Supreme(Pat) 576 • India - Patna
BIBEK CHAUDHURI
justice is speedy disposal to preserve right to life – If both complainants and accused persons depend on mercy of courts after filing ... Section 3(1)(r)/3(1)(s) – Criminal Procedure Code, 1973 – Sections 202 and 203 – Abuse by caste name – Refusal to take cognizance and postponement ... system for which concerned Judge should face appropriate action – In all complaint cases filed before Magistrates or Special Judges, initial ... He passed the order refusing to take cognizance and postponement of issue of process under ....
2016 0 Supreme(Ori) 100 • India - Orissa
S.K.SAHOO
The citizens are supposed to have the necessary information at the time of filing of nomination paper and for that purpose, the Returning Officer can very well compel a candidate to furnish the relevant information. ... Penalty for filing false affidavit, etc. ... ... (iv) It is the duty of the Returning Officer to check whether the information required is fully furnished at the time of filing of affidavit with the nomination paper since such information is very vita....
2021 0 Supreme(Gau) 588 • India - Gauhati
MANISH CHOUDHURY
153A, 295A, 153, 295A, 298, 21, 43, 146, , 505, 108A, 465 - Evidence Act, 1872 - Section 78(2), 81 - Examination of complainant - Postponement ... As noted above, such petitions do not provide any basis for verifying the correctness of statements made and information given in the petition. ... It is his further submission that since the initial order of taking cognizance and issuance of process is bad and illegal, all other consequential orders are also liable to be set aside and quashed. ... It is well-known that reporters collect #HL_ST....
1977 0 Supreme(All) 122 • India - Allahabad
HARISWARUP, MOHAMMED AHMED ANSARI
Whether the defendant had the right to invite revised offers after the initial tenders had been opened. ... A request was also made on 13-12-1973 by the plaintiff for the postponement of the consideration of the revised tenders. ... ... Please submit the above required information/document latest by 22nd Nov., 1973 positively failing which your tender may not be considered. ... Yours faithfully SD/- Illegible Superintending Engineer." ... The offeree, for example, may reply to the offer in terms which leave it uncertain....
2010 0 Supreme(Pat) 1823 • India - Patna
AKHILESH CHANDRA
at the initial stage by the Court holding inquiry. ... It is settled principle/practice of law till now, that at the stage of inquiry after filing of the complaint the persons against whom inquiry is going on though has right to watch the Proceeding but, nothing more. ... Postponement of issue of process- (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under Section 192, may, if he thinks fit, postpone the issue of process against the Accused, and ....
1989 0 Supreme(Guj) 151 • India - Gujarat
A.P.RAVANI, M.B.SHAH, R.C.MANKAD
Explanation 2 : The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. ... From time to time, the Magistrate concerned may remand the accused to police custody or jail custody, as the case may be, but the period of jail custody will be after the first initial period of 15 days. ... Same would be the position if the bail application is received after the filing of the charge-sheet. ... After the filing of the charge-sheet, pro....
2010 0 Supreme(Pat) 1767 • India - Patna
AKHILESH CHANDRA
By filing supplementary affidavit dated 31st August, 2005 Petitioners have also withdrawn the Legal notice demands made therein against Complainant and when it was brought into notice to the Opposite Party, it was submitted that at the very initial stage also the Petitioners were offering Rs. 50,000 ... ... (v) The Complainant Opposite Party No. 2 may place and submit before the Court below the information and documents produced here by counter affidavit filed on 27th April, 2005. ... It is also relevant to mention that dated 27th April,....
2016 4 Supreme 514 • India - Supreme Court
DIPAK MISRA, SHIVA KIRTI SINGH
It is clear that the Explanation has nothing to do with the postponement of the date from which interest becomes payable under Section 11BB of the Act. ... 13. ... ... (e) The Collector should direct the Divisional Assistant Collector to designate an officer by name who will carry out the initial verification and issue the acknowledgment thereof. ... ... (g) Where the refund application is found to be incomplete a letter shall be issued stating the deficiencies therein the additional information/document required within 48 hours of the ....
2021 0 Supreme(All) 1295 • India - Allahabad
Postponement of issue of process. ... Cognizance is taken at the initial stage when the Magistrate applies his judicial mind to the facts mentioned in a complaint or to a police report or upon information received from any other person that an offence has been committed. ... In appropriate cases, opinion of the Public Prosecutor is also obtained before filing the charge-sheet. The court thus has the advantage of the police report along with the materials placed before it by the police. ... This is evident from the #HL_ST....
2012 0 Supreme(Mad) 4161 • India - Madras
K.CHANDRU
The applicant had resorted to a press trial after filing the suit. The plaintiff after filing the suit on 18.7.2012 had posted in his website the news titled Fake Rape Victims are a danger to society. This statement is apparently an extract of an order of the Delhi Court. ... He had reliable information that the respondents are taking steps to telecast and print the same allegations in the form of interviews in the State of Tamil Nadu. If they are not restrained, the applicant will be put to irreparable loss, mental agony and prejudice. .....
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