Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 499 -- First exception - Quashing of proceedings - Defamation - Plea of defence of good faith - Defence plea being a question of fact can be decided during trial only and benefit of S.499 First Exception IPC cannot be claimed at the stage of issuance of summons - At this stage, Magistrate is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Right to summon documents has to be exercised when trial is in progress and not when trial is completed including after statement of accused u/s 313 Cr.P.C has been recorded...........
Government of National Capital Territory of Delhi Act, 1991, Section 18, 37, Rules of procedure -- Rules of Procedure and Conduct of Business of Legislative Assembly of National Capital Territory of Delhi, 2002, Rule 172 - Quashing of summons - Plea filed by Facebook India - Peace and Harmony Committee of Delhi Assembly sought appearance of MD of Facebook India in an..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Statement of witnesses recorded during merg enquiry - Vital piece of evidence for defence of accused - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witness - Money suit on basis of promissory note - Defendants denied signature of deceased who executed the promissory note - Plaintiff in order to discharge burden of proof moved present application in order to summons Branch Manager to produce account opening form, which contains specimen signatures of..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C can be exercised when Magistrate has issued summons and not a bailable warrant - Once non-bailable warrant was issued, proper procedure was to appear before Court seek recalling of that warrant and bail in the matter - Without doing that permanent exemption was sought -..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
