Criminal Procedure Code, 1973, Section 133 -- Proceedings are in nature of summons case - Party No.1 not leading any evidence - Evidence adduced by party No.1 in rebuttal of evidence adduced by party No.2 - Held, such evidence is of no effect since proceedings are not civil proceedings - Proceedings vitiated for non-compliance with summons procedure - Order of demolition..........
Criminal Procedure Code, 1973, Section 133, 138 -- Nuisance - Removal - Conditional order passed - To make the conditional order final Magistrate has to record evidence in the manner of summons case - It is not permissible to adduce evidence by way of affidavit - Non compliance of S.138(1) would vitiate the entire proceedings...........
Criminal Procedure Code, 1973, Section 251, 204 -- Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Criminal complaint u/S.138 - After service of summons accused appeared before the trial Court and record of Income Tax was summoned - Admission/denial of documents has already been carried out - Held that the accused would be entitled to a hearing at the..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only on satisfaction that there was reason to believe that the defendant was keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way...........
Criminal trial -- Murder trial - Investigating Officer - His presence at the time of trial is a must - Sessions Judge to issue summons to the investigating officer if he failed to remain present at the time of trial of the case - It is the duty of the I.O. to keep the witnesses present - If there is failure on part of any witness to remain present, it is the duty of the..........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.3(k)(i), 13, 17, 18, 23, 29 and 33 - Quashing of complaint - Sample - Found misbranded - Filing of complaint and issue of summons against petitioner challenged on the ground that the sample were drawn from a sealed packet and the petitioner being dealer, could not possibly have known the contents in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Complaint - List of witnesses - In absence of list of witnesses summons against accused will not be issued - Provision of S.204(2) is mandatory in nature commanding absolute compliance...........
Criminal Procedure Code, 1973, Section 251, 254, 255, 401, 482 -- Summons case - No question of framing charge in summons case as such there is no question of discharge - Question whether ingredients of offence in question are established has to be considered at stage of final order and not at stage of reading over contents of accusation to accused - Order of Magistrate..........
Civil Procedure Code, 1908, Order 16, Rule 1, 10 -- Witnesses summoned and diet money and process fee paid - Inspite of this evidence closed by order - Held, in the event of non-receipt of the summons from the process serving agency, the official at fault is answerable and in case witnesses do not appear despite service then the Court to proceed against them U.O.16.R.10 -..........
Criminal Procedure Code, 1973, Section 204(3) -- Provision is directory in nature - Provision though is directory but Magistrate should ensure that a copy of the complaint accompanies the summons or warrant - Non compliance of the provision does not vitiate the issue of process and a copy of the complaint can be furnished to the accused before the proceedings actually..........
