Criminal Procedure Code, 1973, Section 190 -- Summoning order - High Court set aside summoning order and directed appellant to adduce further evidence, if any, to support allegation in the complaint - Held, High Court fell into error of evaluating merits of defence case and other submissions advanced on behalf of accused, which were not appropriate for consideration at the..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Jurisdiction - Object of O.7.R.10-A CPC is not to interfere in jurisdiction of other Court but it is with a view to curtail unnecessary exercise of issuance of summons to defendant when defendant is before Court - Said provision does not create any anomaly or clash in jurisdiction of two Courts...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Tenant put in appearance within specified period of 15 days and moved application seeking leave to defend - Mere ground that summons were not issued on specified Porforma under Act, has not caused any prejudice and not defeated right to seek leave to defend in any manner - Petition Dismissed...........
Indian Penal Code, 1860, Section 417, 419 -- Cheating - Alleged act of accused receiving summons issued by Mutation Court on behalf of complainant would not amount to cheating in as much as, there was no deception on part of accused - Accused neither impersonated complainant nor claimed himself as agent of complainant as he had received the summons disclosing his own..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Complaint and summons - Complainant company is located at Chandigarh and material was supplied from Chandigarh - As per clause in agreement both parties had agreed that all legal disputes would be subjected to jurisdiction of Chandigarh/Delhi Courts - Held, Court of Chandigarh has jurisdiction to try and entertain..........
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
Criminal Procedure Code, 1973, Section 82, 482 -- Quashing of order - Proclaimed offender - Plea of summons issued on previous address - Material available on record reveals petitioners are very much aware of criminal Proceedings pending before court - First time final report was presented before area judicial magistrate and since then petitioners were tracking proceedings..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Criminal Procedure Code, 1973, Section 197 -- Sanction - Complainant alleged that District town Planner asked for the transfer of half land in his favour in lieu of issuance of CLU for the plot - No sanction has been obtained from competent authority before prosecuting the District town Planner - Only on the basis of oral statement of complainant it is not sufficient to..........
Criminal Procedure Code, 1973, Section 482, 311 -- Additional Evidence - Permissibility - Pre-charge evidence of complainant was closed - Wife of complainant was not cited as witness - MLR of wife not produced on file - No revision against the interlocutory orders lies - Clear case of misuse of Power of summoning witness - Wife of the complainant not permitted to be..........
