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Search Results for Tag : Summoning

Judgments

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



News

Supreme Court: Can’t Issue Summoning Order without Giving Valid Reasons(31.01.2025)

Supreme Court while quashing a non-speaking summoning order passed by a Judicial Magistrate, has reiterated that order of Magistrate must reflect appl.....

Tags : Supreme Court, Valid Reasons, Summoning Order



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: 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



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



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



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



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



SC: Truth Behind Complaints Must be Ascertained Before Summoning Accused(28.03.2025)

The Supreme Court, while quashing a cheque dishonor complaint under the Negotiable Instruments Act, has stated that the recording of the complainant’s.....

Tags : Supreme Court, Summoning, Cheque Dishonor



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



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 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



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



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



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