Summon
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.
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.
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
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
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
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,
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
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
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.
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.”
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
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
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
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
Del HC | Violation of Authorship Rights Case | Summoning Bihar CM Nitish Kumar as plaintiff witness, held, not in interest of justice
Delhi High Court: V. Kameswara Rao, J., dismissed the present petition in respect to the appearance of Nitish Kumar, Chief Minister of
Utt HC | Application under S. 311 CrPC is subjective matter for consideration, which depends upon the perception of each and every court
Uttaranchal High Court: Sharad Kumar Sharma, J. contemplated a criminal revision petition where the issue discussed was related to Section 311 CrPC,
MP HC | Convenience of wife to be considered in case of transfer of matrimonial cases; rule to be used diligently
Madhya Pradesh High Court: Vivek Rusia, J. refused to transfer the matrimonial dispute from Mandsaur to Gwalior. The applicant/wife has filed the
Del HC | Summons issued under S. 138 NI Act quashed in absence of necessary averments in the complaint
Delhi High Court: Sunil Gaur, J. allowed a petition filed against the order of the trial court whereby it had passed summoning orders
Practice of summoning public officers not proper as public suffers due to their absence
Supreme Court: In a case where the Allahabad High Court passed orders from time to time to secure presence of the public