[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC
“Mere registration of ECIR does not make a person an accused”
summons
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
Gujarat HC dismisses Arvind Kejriwal and Sanjay Singh’s plea against summons in PM Modi Degree Defamation case
Gujarat University had filed a defamation case against Arvind Kejriwal and Sanjay Singh over the alleged defamatory remarks made regarding the educational degree of PM Narendra Modi.
Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case
It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.
S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC
“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
Supreme Court rebukes Jharkhand Govt. for sleeping over 20-year-old case on back wages; Summons State’s Chief Secretary
During the hearing, an Advocate on the panel of the State of Jharkhand, has requested the Court to not summon the Chief Secretary, but Supreme Court declined the said request because the present matter has not been assigned to any counsel for the State of Jharkhand.
West Bengal Coal Scam| Supreme Court directs ED to withdraw Look Out Circular against MP Abhishek Banerjee and his wife
Abhishek Banerjee and his wife Rujira Banerjee were stopped at the airport on 05-06-2023 from travelling abroad because of the Look Out Circular
Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint
The Delhi High Court observed that the wanton arraignment of directors without reference to their role in relation to a transaction, or to the issuance or dishonour of a cheque by the company, requires to be deprecated and discouraged, since it amounts to abuse of the salutary process of criminal law.
Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir
The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal
Delhi High Court quashes summons issued to “The Wire” editors in a criminal defamation case filed by a former JNU Professor
The Delhi High Court quashes and sets aside summons issued to the editor and deputy editor of “The Wire” in a criminal defamation case filed by the former Professor of Jawaharlal Nehru University.
Supreme Court grants anticipatory bail to accused without imposing any condition of deposit of revenue loss
Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General
State Tax Officer cannot prosecute if Central Authority has already initiated action in respect of the same subject matter: Madras High Court
Madars High Court said that truth will come out only when the petitioner appears before the respondent pursuant to the summons received by him and not otherwise. Further, held that if it is the same subject matter, the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter
Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates
Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.
Punjab & Haryana HC| Relief to actress Kangna Ranaut in ‘Shaheen Bagh Dadi’ defamation case; Trial Court directed to adjourn the matter
Punjab and Haryana High Court: While deciding the instant petition revolving around alleged defamatory tweets concerning the respondent by Bollywood actress Kangna
Whether mere non-appearance on dates fixed by court sufficient to amount to a ‘reason to believe’ that a person has absconded? Raj HC answers in light of issuing warrant
Rajasthan High Court: Dinesh Mehta, J. allowed the petition and remarked that expeditious disposal of cases is necessary but equally necessary is
Import without custom duty, lower Court issued summons order, but Delhi HC sets aside: Read 5 reasons why impugned order was bad in law
Delhi High Court: Chandra Dhari Singh, J., while setting aside the order of lower Court in a case concerning Customs Act, laid
LOC issued against Rana Ayyub: Infringement of Human Rights and restraint of her freedom of speech and expression? Read what Del HC says
Delhi High Court: While expressing that a LOC is a coercive measure to make a person surrender, Chandra Dhari Singh, J., noting
To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains
Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that
Photograph of summons sent through WhatsApp as an addition to ordinary process would amount to Judicial Overreach? Del HC decides
Delhi High Court: Amit Bansal, J., expressed that Just because the photograph of the summons were sent by the plaintiff to the
Del HC | Scope of Or. 9 R. 13 CPC application: Whether summons duly served and/or whether defendant was prevented by ‘sufficient cause’ from appearing? Explained
Delhi High Court: Manoj Kumar Ohri, J., expressed that “Sufficient Cause” is an elastic expression and no hard and fast guidelines are