Search Results for Tag : Summon
Top Story
Subjected to law? Make a fuss(07.12.2015)
Hearing complaints of how the upper echelon of the Indian National Congress political party illegally acquired several thousand crores worth of Associ.....
Tags : Gandhi, national herald, summons, prima facie
International Cases
Failure of a Registrar to sign a summons is susceptible to condonation(26.03.2020)
The crisp issue in present appeal is whether a summons which has not been signed by the registrar of the court is a nullity or a defective pleading wh.....
Tags : Summons, Signature, Peremptory requirement
When reviewable error is established, discretion to grant relief under Section 36(4) of the Magistrates Court Act, 2004 is enlivened(02.06.2020)
In present matter, on 4 September 2015, the second Respondent applied for and was granted a restraining order against the Applicant. The application w.....
Tags : Summons, Service of, Jurisdictional error
Judgments
Trial Court has power to summon any person as a witness, if his evidence appears to it to be essential to just decision of case(02.07.2018)
Petitioner/Accused impugns order, whereby, on an application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the Petition.....
Tags : Witness, Evidence, Summon
Before passing order of service of summons, it was duty of Court to examine Process Serving Officer/Bailiff, if his report is not on affidavit(10.07.2018)
The Appellant-husband ('the Respondent') against whom decree of dissolution of marriage has been passed in the petition filed by the Respondent-wife (.....
Tags : Service, Summons, Ex-parte decree, Validity
For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)
Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....
Tags : Summon, Proceedings, Validity
Powers to summon any witness can be invoked at any stage of inquiry or trial, if such evidence appears to the Court to be essential(09.08.2019)
The present criminal revision petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of order passed by learn.....
Tags : Witness, Summon, Proceedings, Quashing of
A common order for summoning in different cases cannot be passed, when parties are unrelated(18.11.2020)
Vide the present petition; the Petitioners have sought quashing of the summoning order and all subsequent proceedings qua complaint case under Section.....
Tags : Summons, Common order, Validity
Magistrate taking cognizance of an offence on the basis of a police report can issue summons to any person not arraigned as an accused in the police report or in the FIR(16.03.2022)
The question involved in present appeal is whether a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 19.....
Tags : FIR, Summons, Issuance
When the proceedings are at a nascent stage, scuttling of the criminal process is not merited(26.04.2022)
The challenge in present appeals is to the judgment and order whereby the Delhi High Court dismissed the application under Section 482 of the Code of .....
Tags : Summoning order, Quashing, Grant
Prosecution cannot be instituted in absence of sanction of the Insurance Commissioner(19.09.2022)
The present petition is filed under section 482 of Code of Criminal procedure, 1973 (Cr.P.C.) for quashing of complaint filed by the Respondent for th.....
Tags : Summoning order, Sanction, Quashing
For exercise of the power under Section 319 of Cr. PC, the evidence on record must show the involvement of a person in the commission of a crime(02.06.2023)
Present appeal, by special leave, takes exception to an order of the High Court. The impugned order dismissed an appeal filed by the Appellant under S.....
Tags : Summoning order, Power, Requisite satisfaction
Reasons must be recorded in the summoning order, if the matter is arising out of complaint case(11.09.2023)
Instant application has been filed with the prayer to stay the entire proceedings in Complaint Case under Section 498-A, 323 of Indian Penal Code, 186.....
Tags : Proceedings, Summoning order, Legality
Commercial matters to not be kept lingering in no-contest(07.09.2015)
The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising f.....
Tags : Trade mark, summons, written statement, ex parte
News
Delhi HC: Summons U/S 160 CrPC Cannot be Issued Without Registration of FIR(13.06.2022)
Delhi High Court has held that summons under Section 160 of the Code of Criminal Procedure (Cr.PC) can be issued by a Police Officer in order to set i.....
Tags : Delhi High Court, Summon, FIR
Delhi HC Cautions Labour Courts Over Unwarranted Summoning of Senior Officials(18.10.2021)
Delhi High Court has observed that Labour Courts ought to be cautious while ordering personal appearance of senior officials especially in the matters.....
Tags : Delhi High Court, Unwarranted Summoning of Senior Officials
Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week(29.11.2017)
Trial of Sohrabuddin Sheikh Fake Encounter Case to Start From Next Week
Tags : "The court has issued summons to Sohrabuddin's brother Nayamuddin and some others, and the recording of evidence will start from November 29," said special CBI prosecutor B P Raju.
MP HC to DGP: Think of Creating WhatsApp Groups for Purpose of Summoning Witnesses(26.09.2023)
Madhya Pradesh High Court has directed Director General of Police (DGP) and Director, Prosecution to take suggestion from police officers and other ex.....
Tags : Madhya Pradesh High Court, WhatsApp Groups, Summon, Protection, Witnesses
Delhi Court Issues Summons to Republic Media and Chief Editor in Defamation Suits(29.10.2021)
Delhi Court has issued summons to Republic Media, Arnab Goswami, its chief editor working with the channel and News Broadcasters Standards Association.....
Tags : Delhi Court, Summons to Republic Media and Chief Editor
SC Seeks Response on Serving Court Summons Through Digital Means(28.10.2020)
Supreme Court has favoured serving Court summons through SMS, WhatsApp and email in contrast to the present system of physical delivery to the accused.....
Tags : Supreme Court, Serving of Court Summons
SC Stays Police Summons to Delhi Resident for FB Post Against West Bengal Government(29.10.2020)
Supreme Court has stayed a direction to a Delhi resident accused of making an 'objectionable' Facebook post against West Bengal Government, to appear .....
Tags : Supreme Court, Summons to Delhi Resident for FB Post
Allahabad HC: Accused Has Right to Summon Evidence/Witness Relevant for Prosecution Evidence(04.11.2020)
Allahabad High Court allowed an application for recall of witness moved by an accused under Section 311 of the Code of Criminal Procedure, 1973 while .....
Tags : Allahabad High Court, Right to Summon Evidence/Witness
Delhi HC: Witness Not to be Re-Summoned in Sexual Offence Case if Cross Exam. Conducted Extensively(22.09.2022)
Delhi High Court while observing that right to fair trial is a constitutional goal and a fundamental right of every individual, has held that where cr.....
Tags : Delhi High Court, Sexual Offence, Summon, Witness
Delhi High Court Restores Physical Delivery of Notices, Summons from September 20(17.09.2021)
Delhi High Court has restored the conventional method of physical delivery of notices, summons and daks, which were temporarily suspended in view of t.....
Tags : Delhi High Court, Physical Delivery of Notices, Summons
All. HC: Not Mandatory to Summon Lower Court Record Before Deciding State's Plea for Grant of Leave(30.09.2022)
Allahabad High Court has held that it is not mandatory for the High Court to summon the lower court record in every case before deciding the State Gov.....
Tags : Allahabad High Court, Summon, Grant for Leave
Del. HC: Summon Can’t be Issued for Non-Compliance Of Maintenance Order u/s 31 DV Act(05.12.2023)
Delhi High Court while observing that purpose of Domestic Violence Act, 2005 is to provide monetary sustenance to the victim, and not the incarceratio.....
Tags : Delhi High Court, Maintenance Order, Summon
Magistrate Not Liable to Record Reasons for Summoning Accused in Case Instituted on Police Report: SC(06.02.2019)
Supreme Court has re-iterated that in a case based upon the police report, the Magistrate is not required to record any reason at the stage of issuing.....
Tags : Supreme Court, Magistrate Not Liable to Record Reasons for Summoning Accused in Case Instituted on Police Report
Del. HC: Summon Must be Served at Alternate Address if Tenant is not Present on Tenanted Premise(20.12.2023)
Delhi HC while observing that summons must be shown to have been duly served upon opposite party to enable him to apply for leave to defend within the.....
Tags : Delhi HC, Summon, Tenant, Alternate Address
SC Issues Guidelines to High Courts Regarding Summoning Government Officials(03.01.2024)
Supreme Court framed a Standard Operating Procedure (SOP) for the summoning of government officials to address the issue of arbitrary and frequent sum.....
Tags : Supreme Court, Standard Operating Procedure, Guidelines, Summon, Government Officials
Delhi HC: Common Order for Summoning Cannot be Passed When Parties are Unrelated(20.11.2020)
Delhi High Court has clarified that a common order for summoning Respondents, in different cases filed by a common Petitioner, cannot be passed when t.....
Tags : Delhi High Court, Common Order for Summoning
Delhi HC: Time for Filing Written Statement Starts From Date of Providing Suit to Defendant(17.10.2022)
Delhi High Court has ruled that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summon.....
Tags : Delhi High Court, written statement, summons, Code of Civil Procedure
Del. HC: LOC Can Be Issued To Ensure Surrender of Person Evading Summons Or Arrest(20.10.2022)
Delhi High Court has reiterated that a look out circular (LOC) is to be issued in such cases where the accused is deliberately evading arrest or summo.....
Tags : Delhi High Court, look out circular, summons, arrest, bailable
SC: Accused Should be Summoned Only After Recording Satisfaction About Sufficient Grounds To Proceed(01.02.2024)
Supreme Court has observed that a Magistrate while issuing the summoning order should not act in a casual manner, rather they should be satisfied that.....
Tags : Supreme Court, Summoning Order
Lawyer of Opposite Party can be Summoned As Witness: Kerala HC(29.01.2019)
Kerala High Court has held that a lawyer of an opposite party can be summoned as witness, in cases where his examination is justified by the circumsta.....
Tags : Kerela High Court, Lawyer of Opposite Party can be Summoned As Witness
Karnataka HC: Issue of Summons Prior to Search Warrant Not Necessary(20.01.2021)
Karnataka High Court has held that it is not required in all circumstances to issue a summons prior to issuance of a search warrant. A search warrant .....
Tags : Karnataka High Court, Issue of Summons
Gujarat High Court Dismisses Arvind Kejriwal’s Pleas Challenging Summons in Defamation Case(16.02.2024)
Gujarat High Court dismissed pleas filed by Delhi CM Arvind Kejriwal and MP Sanjay Singh challenging a Sessions Court order asserting summons issued a.....
Tags : Gujarat High Court, Defamation, Summons
SC: Voluntarily Surrendering Accused Can’t be Taken In Custody When Court Hasn’t Summoned Him(19.02.2024)
Supreme Court has observed that accused who has voluntarily surrendered cannot be taken into custody when Court has not issued a summoning order again.....
Tags : Supreme Court, Summoning Order, Custody
Telangana High Court: Summoning Income Tax Returns Does Not Violate Right to Privacy(18.02.2020)
Telangana High Court has held that a direction to produce income tax returns in Court will not violate the right to privacy under Article 21 of the Co.....
Tags : Telangana High Court, Summoning Income Tax Returns
SC: Accused Can be Summoned u/s 319 CrPC Even on Basis of Examination-In-Chief of Witness(16.03.2021)
Supreme Court has observed that an accused can be summoned under Section 319 of the Code of Criminal Procedure, 1973 on the basis of even examination-.....
Tags : Supreme Court, Summoning of Accused
Delhi HC: Accused Can Seek Conversion of Summary Trial to Summons Trial After Disclosing Defence(18.03.2021)
Delhi High Court has observed that in a trial for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881, the accus.....
Tags : Delhi High Court, Conversion of Summary Trial to Summons Trial
Delhi HC Sets Aside Order Passed of Criminal Contempt for Sending Summon Over Whatsapp(18.01.2022)
Delhi High Court has set aside an order passed by a Commercial Court to the extent of issuing a show cause notice of criminal contempt after a plainti.....
Tags : Delhi High Court, Sending Summon Over Whatsapp
SC: Magistrate Must Ensure if Complaint Constitutes Only Civil Wrong Before Summoning Accused(04.01.2023)
Supreme Court has held that when the violation of law alleged is clearly debatable and doubtful, the Magistrate must ensure clarification of the ambig.....
Tags : Supreme Court, Summoning Order, Complaint
Allahabad HC Refuses to Entertain Writ Petition of Applicant Evading Summons of GST Intelligence(27.02.2020)
Allahabad High Court has refused to entertain a Writ Petition of an Applicant who consistently evaded summons of Goods and Services Tax (GST) Intellig.....
Tags : Allahabad High Court, Applicant Evading Summons of GST Intelligence
Delhi HC Temporarily Amends Service of Notices, Summons, Daks Through Email, Fax, Whatsapp(19.04.2021)
Delhi High Court has temporarily amended physical mode regarding service of notice, summons and daks by permitting the same to be effected through ema.....
Tags : Delhi High Court, Service of Notices, Summons, Daks
Allahabad HC: In Matrimonial Disputes, Court to be Careful on Summons to Distant Relatives(09.02.2022)
Allahabad High Court has observed that in criminal cases arising out of matrimonial disputes, the Court has to be careful in summoning distant relativ.....
Tags : Allahabad High Court, Summons to Distant Relatives
SC: Prima Facie Case Made Out from Allegations in Complaint Sufficient to Summon Accused(29.04.2024)
Supreme Court while reversing the finding of the High Court, has observed that prima facie making out a case on the basis of the allegations in the co.....
Tags : Supreme Court, Pre-summoning Evidence, Summon
Mumbai Court Issues Summons to Authors of Mafia Queens of Mumbai(26.03.2021)
Mumbai Court has issued summons to the authors of Mafia Queens of Mumbai, producers of film Gangubai Kathiawadi, and actor Alia Bhatt in respect of a .....
Tags : Mumbai Court, Summons to Authors of Mafia Queens of Mumbai
Meghalaya HC Refuses to Interfere with Summon to District Council for No-Confidence Motion(31.01.2022)
Meghalaya High Court has refused to interfere with a notice issued by the Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous.....
Tags : Meghalaya High Court, Summon to District Council
AP HC Grants Bail After issuing Non-Bailable Warrant If His Absence During Summons Was Not Willful(30.03.2022)
Andhra Pradesh High Court has granted bail to an accused on whom the non-bailable warrant was issued due to his absence during issue of summons. The C.....
Tags : Andhra Pradesh High Court, non-bailable warrant, summons
Bombay High Court Sets Precedent, Serves Summon via Messaging App 'Whatsapp'(28.04.2017)
Bombay High Court has set a precedent after it served a summon via WhatsApp in a copyright infringement suit against producers of Kannada movie ‘Pushp.....
Tags : Bombay High Court, Whatsapp, Summon
SC: Magistrate Can Summon Person Not Named in Police Report or FIR(17.03.2022)
Supreme Court has observed that the Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of the C.....
Tags : Supreme Court, Summon Person
Uttarakhand HC: More Than Prima Facie Case Needed to Summon Person(21.03.2022)
Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of .....
Tags : Uttarakhand High Court, Summon to Person
SC Questions Trial Court Practice of Remanding Accused When They Appear in Response to Summons(22.03.2023)
Supreme Court while questioning the practice followed by Courts to remand accused to custody, moment they appear in response to summoning order, has o.....
Tags : Supreme Court, Remand, Custody, Summoning Order
Delhi High Court Refuses to Quash Summons in GST Fraud Case(03.03.2022)
Delhi High Court has refused to quash the summons against a person accused of creating numerous fake firms and availing Input Tax Credit (ITC) fraudul.....
Tags : Delhi High Court, Summons in GST Fraud Case
SC: Courts Shouldn’t Summon Appearance of Officials at The Drop of The Hat(07.03.2023)
Supreme Court while observing that it is open to the High court to come to any conclusion on the basis of the pleadings and materials available on rec.....
Tags : Supreme Court, Summon, Officials, Contempt
Delhi HC: No Bar in Hearing Defendant Not Summoned at Pre-Summons Stage(02.08.2021)
Delhi High Court has held that there is no bar in hearing a defendant, who is neither served summons or appearing on caveat, at the pre-summons stage .....
Tags : Delhi High Court, Defendant Not Summoned at Pre-Summons Stage
Madras HC: Avoid Unnecessary Summoning of Accused(06.07.2016)
Madras HC has said, “Courts are entitled to compel the appearance of the accused in criminal cases but such insistence should not be for the mere plea.....
Tags : Madras HC , Summoning of Accused
Bombay HC: Appoint Nodal Officers to Track Progress in Service of Notices Sent Abroad(10.05.2017)
Bombay High Court has directed Union of India to appoint nodal officers in Ministry of Home Affairs and Ministry of Law and Justice for purpose of tra.....
Tags : Bombay HC, summons
Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
SC Stays Summons Issued by Lok Sabha Secretariat's Committee of Privileges to Jharkhand SP(08.09.2020)
Supreme Court has stayed the summons issued by the Lok Sabha Secretariat's Committee of Privileges to the Superintendent of Police, Deoghar, to appear.....
Tags : Supreme Court, Summons Issued by Lok Sabha Secretariat's Committee
Kerala HC Lays Down Guidelines Regarding Service of Summons Where Defendants Reside Outside India(18.11.2024)
Kerala High Court has laid down guidelines regarding service of summons on defendants who reside outside India and has stated that there is nothing wr.....
Tags : Kerala High Court, Service of Summons, Code of Civil Procedure
Bombay High Court: Lower Courts Must Go ‘Digital’ in Serving Summons, Notices(16.08.2018)
Bombay High Court has said that courts should adopt ‘modern ways’ of serving summons/notices through WhatsApp or Email.
Tags : Bombay High Court, Summons, Notices