Judicial Dictionary - C

Judicial Dictionary


Legislative Dictionary


Cognizance

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CategoryC
TitleCognizance
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"The word 'cognizance' refers to a stage of mutual condition at which the Magistrate or a Judge decide upon taking necessary steps to initiate or judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth order or otherwise of the accusation.” 

(Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD) [7669])

Judicial notice or knowledge; the judicial recognition or hearing of a cause; the right to take notice of and determine a cause. Section 57 of the Evidence Act 1872, mentions facts which the court is bound to take judicial notice of.

Section 190 of the Code of Criminal Procedure, 1898 empowers a Magistrate of the First and Second classes to take cognizance of an offence in three ways, viz., (i) on complaint; (ii) on police report (iii) on information from any person other than a police officer or on his own knowledge. Cognizance means taking notice of an offence by a “Criminal Court” initiating a judicial proceeding against an accused or taking steps to see whether there is any basis for initiating any proceeding

(Abdur Gafur Vs. The State, 15 BLD (HCD) 604)

Created OnApril 23, 2011, 5:28 AM
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