Summon Archives | SCC Times

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

To afford an opportunity to the husband to present his case before the court below and to ensure the just decision of maintenance case filed under Section 125 CrPC, Allahabad High Court set aside the ex-parte maintenance order

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Case Briefs High Courts

In case of prima facie involvement, summon can be issued even in absence of name in police report or FIR: Allahabad HC reiterates

Allahabad High Court said that the Magistrate is not bound in such a situation to follow the procedure laid down in Sections 200 and 202 of CrPC for taking cognizance of a case under Section 190(1)(a), though, it is open to him to act under Section 200 or Section 202 also.

Case Briefs High Courts

Section 15 of HMA does not make any distinction between a contested decree and an ex parte decree; Delhi High Court upholds second marriage of husband

Delhi High Court observed that an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

Case Briefs High Courts

Whether Enforcement Case Information Report can proceed while proceedings pursuant to FIR stayed by Court? Madras High Court refrains ED to proceed against Senthil Balaji

Madras High Court: In a case relating to a writ petition filed by Tamil Nadu electricity minister V. Senthil Balaji for issuance

Case Briefs High Courts

Rajasthan High Court| Trial Court required to prima-facie ascertain the relevancy of the proposed witnesses while deciding application under Order XVI R 1 and 2 CPC

Rajasthan High Court: Dinesh Mehta, J. considered the stamp vendor and Sub Registrar as relevant witnesses in a case where

Case Briefs High Courts

Law on S. 311 CrPC | Power to the Court to summon a material witness or to examine a person present in Court or to recall a witness already examined: All HC discusses

Allahabad High Court: Sanjay Kumar Pachori, J., while addressing a matter with regard to recalling of the witnesses expressed that, Section 311

Case Briefs High Courts

If investigating agency for some reason does not array a culprit as an accused, can Court call such person to face trial in view of its powers under S. 319 CrPC? All HC explains

Allahabad High Court: Dr Y.K. Srivastava, J., while examining the ambit and scope of Section 319 of the Code of Criminal Procedure,

Case Briefs High Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case Briefs District Court

Law on Medical Negligence | When can a doctor be summoned for criminal charges relating to medical negligence? Patiala House Courts explains

Patiala House Courts, New Delhi: While addressing a case of medical negligence Prayank Nayak, MM-01, expressed that doctors can be summoned for

Case Briefs Supreme Court

Explained| Can Chairman, Directors, Managers, etc. be automatically summoned in a criminal case involving the company?

Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course.

Case Briefs Supreme Court

More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.

“The power cannot be exercised in a casual and cavalier manner.”

Hot Off The Press News

Chief Justice of Sikkim High Court directs Magistrates to record statements under S. 164 CrPC on same day or immediate next day; Sessions Judge not to summon Magistrates to prove statements recorded

Chief Justice of Sikkim High Court noted that there had been an undue delay in recording of statement of the victims under

Case Briefs Supreme Court

Once an order is found to be passed without jurisdiction, all subsequent proceedings automatically come to an end: Supreme Court

Supreme Court: The 3-Judge Bench comprising of Ashok Bhushan*, R. Subhash Reddy and M.R. Shah allowed the instant appeal against the order

Case Briefs High Courts

All HC | Once the intention of the party is clear that he does not wish to make payment, should complainant wait for 15 days to file a complaint for dishonour of cheque? HC answers

Allahabad High Court: In the instant case where the summoning order issued as per the requisites of Section 138 of Negotiable Instrument

Case Briefs High Courts

Sikkim HC | A Magistrate is obligated to inquire into the case for finding sufficient grounds before summoning accused beyond his territorial jurisdiction

Sikkim High Court: Bhaskar Raj Pradhan, J., while exercising inherent powers under Section 482 CrPC quashed the criminal complaint filed against the petitioners