Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Mere fact that applicant had not mentioned relevant provisions under which he had moved an application seeking summoning of witnesses, cannot be a reason to non-suit an applicant...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452 -- Quashing of summoning order - House trespass - Incident of thrashing of victim by accused can be said to have taken place on road only - Summoning of accused u/s 452 IPC is out of record and is based on surmises and conjectures - Summoning order, charge sheet and entire proceedings u/s 452..........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Civil suit for rendition of accounts filed but said fact not disclosed in the complaint - If such fact had been disclosed, possibly summoning order might not have been passed - Complaint and summoning order quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - Cheques dishonoured - Plea that both the proceedings u/s 138 Negotiable Instruments Act and S.420 IPC can go simultaneously - However, in the present case only one remedy u/s 420 IPC is availed - Said plea would have been available only if both the remedies had been availed of by the complainant - Complaint and summoning..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Sessions Court cannot quash cognizance and summoning order passed by Magistrate in exercising its revisional power - If Sessions Court find any illegality, irregularity or jurisdictional error then Sessions Court cannot quash proceedings but revisional Court have only power to issue direction by pointing out error..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - Proposed accused are parents of co-accused - Merely because prosecutrix has alleged that proposed accused were present at the time of occurrence, same is not sufficient enough for persuading Court for using its extraordinary power u/s 319 Cr.P.C to summon them - Application rightly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Summoning of Court Commissioner along with his instruments to make actual demonstration about the procedure followed by him in conducting the survey - Provision does not permit any of the parties for such demonstration - If any of the party is not satisfied with the survey report submitted by the..........
