Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Summon to wife sent through registered post at wrong address - Wife thus, was not served with summons of divorce petition - She was prevented from attending proceedings by sufficient reason - Ex parte divorce decree set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Private respondents was found to be innocent in course of investigation - Merely because respondents had been named in FIR, which is reiterated by complainant in deposition before Court, would not be sufficient to summon them to face trial as additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of a witness - Court can summon a witness if such person was not summoned earlier, if Court is of the opinion that such person is essential to be examined for just decision of the case...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Adulteration - Sample of milk - Delay in analyzing samples - Where sample had been preserved by using formal in, accused cannot get any benefit on the ground that there is delay in testing samples, particularly when he did not even deem it fit to summon Public Analyst for cross-examination for this purpose...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Magistrate can summon persons not originally charge sheeted, but that can only be done when fresh material is brought on record...........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Appellants summoned 5 years after trial without any new material on record - They were kept in column No.12 of FIR, as no material found against them on investigation - Even, they were not charge sheeted - Magistrate can summon persons not originally charge sheeted, but that can only be..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Kidnapping - Quashing of summoning order - Grievance of complainant is that all the persons named in complaint not summoned - However, Magistrate cannot work as mouth piece of complainant and thus, not bound to summon all persons named in complaint, if there is no sufficient grounds to proceed against..........
Criminal Procedure Code, 1973, Section 91 -- Summoning to produce documents - Statements of petitioners are sought by way of application - Court below committed error in refusing to summon statements of petitioners as recorded by I.O only on the ground that part pertaining to forcible recording of statements was not corroborated by any kind of complaint being made by these..........
