Foreign Exchange Regulation Act, 1973, Section 40, 56 -- Order of summons - Challenge as to - Application for quashing of proceedings - Allegations that appellant entered into agreement for advertisement of his brand name on racing car without taking requisite permission from RBI - As per averments in complaint that earlier summons were not carried out deliberately and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the parties joined the trial even..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Magistrate can disagree with police report and take cognizance and issue process and summons to accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - As per accused, demand notice not received by him as it was sent on wrong address appears to be incorrect as summons by Court which were sent at the same address, were received by him - Moreover, notice which was sent by UPC did not return, which indicates that it was duly served - Both..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to be ordered to be issued to..........
Criminal Procedure Code, 1973, Section 200 -- Complaint case - Cognizance of offence - Three courses are available to Magistrate while taking cognizance of offence: (i) Magistrate can either issue summons to accused; or (ii) order an enquiry u/s 202 Cr.P.C.; or (iii) dismiss the complaint u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 91 -- Production of document - Court is empowered to issue summons for production of documents at any stage of proceedings before judgment is delivered...........
Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Summoning of accused - Powers of Magistrate - Magistrate can issue summons to persons who deliberately and erroneously omitted from being arraigned as accused, on the basis of material available in case diary/police report and by that date case has not been committed to Court of Session...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Plea that signature attributed to defendant in the summon is not that of defendant - In the summons defendant's name was signed as "Tarsan Singh Bhagal" whereas defendant used to sign as "Tarsem Singh Bhogal" - If defendant had actually signed, there could have been no occasion for..........
