Indian Penal Code, 1860, Section 406, Income Tax Act, 1961, Section 192, 199, 200, 206, 271B, 276BB, Criminal Procedure Code, 1973, Section 482 -- Civil and criminal dispute - Employee filing complaint against employer on the allegations that employer illegally deducted income tax from salary - Summoning order quashed - Held, dispute is purely of civil nature - Proper..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any other person, as a..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Investigating Officer submitted charge sheet recommending trial against accused - No incriminating material collected by investigating officer against petitioners in the course of investigation - Trial yet to commence against any of the accused including those who were charge sheeted -..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - To fill in lacuna - Power of court - Held, court at any stage of trial may summon any person as a witness or recall and re-examine any person already examined if it is necessary for just decision of the case - However, if prosecution wants to summon witness with a view to rebut evidence led by accused..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence by way of affidavit at pre-summoning stage - Same evidence is to be read by Court at post summoning stage and the witness need not be called at post summoning stage unless Court, for reasons, considers it necessary...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of `refusal' on summons - Court ordered service of summons through publication in newspaper - Newspaper not having wide circulation in the area where defendants reside - Substituted service through publication can be accepted only when it is proved that newspaper has wide circulation..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Informant from the very beginning alleged that the investigating Police Officer has not recorded statements of witnesses honestly being influenced by accused persons - There is categorical allegations made by the witness in his evidence against petitioner and contents of the FIR lodged at the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Rules, 1955, Rule 50(1) -- Milk - Not for public sale - It was meant for sending to the factory of Hindustan Lever Limited for further manufacturing of milk food items - Held, offence under the Act is not made out inspite of the fact that..........
Will -- Summoning of original from Consolidation Court in order to lead expert opinion - Rejection of - Order set aside - Trial Court directed to summon original Will subject to deposit of requisite fee for summoning within a period of one week and proceed in accordance with law...........
Criminal Procedure Code, 1973, Section 319, 401 -- Summoning of person as additional accused - Trial Court observed that there was no evidence showing involvement of the person in crime - Investigating agency also opined that no evidence could be collected so as to implicate persons as an accused - Held, order rejecting application for summoning person as additional..........
