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Results of summoning

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Showing : 11-20 of 1101 Results

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused on a printed proforma by filling up the blanks - Summoning order on printed proforma by filing up blanks without application of judicial mind is objectionable and deserves to be deprecated - Summoning of accused in a criminal case is a serious matter and order must reflect that..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 482, 156(3) -- Two incidents on the same day - Court in summoning order did not believe second incident as alleged in the complaint - Non believing of one part of the incident in complaint throws a shadow of doubt on the earlier part of the incident as alleged - Criminal proceedings quashed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Complaint u/ss 3 and 4 of SCST Act dismissed at the stage of summoning - From the allegations and evidence of complainant, no offence made out - Complaint by accused against complainant, in their official capacity, did not disclose personal grudge against complainant and therefore..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Summoning of additional accused - Dowry death - No specific allegation qua ill-treatment, much less any demand of dowry finds mention qua both of accused - Vague allegations made against them - Even investigating agency during investigation did not find any complicity of both the accused -..........

MADHYA PRADESH HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 16, Rule 1, 6, 7 -- Summoning of witnesses and documents - Failure to establish relevance of witnesses summoned and relevance of document sought to be summoned - Dismissal of applications, upheld...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant alleges that accused took a loan of Rs.5 lacs for a period of 7 years - However, accused contended that averments made in complaint that loan had been taken for a period of 7 years is nothing but to make out a case so as to bring the case within period of limitation and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Oral request made by Counsel for CBI to examine two additional witnesses, who were not cited as witnesses in challan submitted before Court and their statements u/s 161 Cr.P.C were not recorded - No opportunity of hearing was given to accused while allowing prayer of CBI by Court below -..........

ALLAHABAD HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........

Showing : 11-20 of 1101 Results