summons

Case BriefsHigh Courts

To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains

Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that

Case BriefsHigh Courts

Photograph of summons sent through WhatsApp as an addition to ordinary process would amount to Judicial Overreach? Del HC decides

Delhi High Court: Amit Bansal, J., expressed that Just because the photograph of the summons were sent by the plaintiff to the

Case BriefsHigh Courts

Del HC | Scope of Or. 9 R. 13 CPC application: Whether summons duly served and/or whether defendant was prevented by ‘sufficient cause’ from appearing? Explained

Delhi High Court: Manoj Kumar Ohri, J., expressed that “Sufficient Cause” is an elastic expression and no hard and fast guidelines are

Case BriefsHigh Courts

Ker HC | Service of summons through Whatsapp; Is it valid in law? HC clarifies

Kerala High Court: V.G. Arun, J., addressed an interesting question regarding the validity of summons served through Whatsapp. The Bench stated, No

Op EdsOP. ED.

Discharge of an Accused in Summons Triable Case

by Sharda*

Case BriefsHigh Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case BriefsHigh Courts

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Kerala High Court: V.G. Arun, J.,  dismissed the instant petition whereby the petitioner had challenged his re-incarceration contending violation of natural justice

Case BriefsHigh Courts

Del HC | How the limitation period for filing S. 138 NI Act complaints is to be calculated? What is the effect of not filing S. 142(1)(b) proviso application? Explained

Delhi High Court: Suresh Kumar Kait, J., reversed the order of the lower court issuing summons against the accused in a case

Case BriefsHigh Courts

Kar HC | Whether it is mandatory for issuance of a summons under S. 91 CrPC before issuance of a warrant under S. 93 CrPC? HC Answers

Karnataka High Court: Suraj Govindaraj J., dismissed the petition being devoid of merits. The facts of the case are such that two

Case BriefsHigh Courts

Del HC | Summons issued in copyright infringement suit filed by Elsevier alleging infringement of copyright in medical journals, articles, etc.

Delhi High Court: Rajiv Shakdher, J., issued the summons in the suit filed by Elsevier Ltd. against Alexandra Elbakyan and others alleging infringement

Case BriefsHigh Courts

Ker HC | Mere issuance of summon under S. 50(2) of PMLA 2002, to state the truth or make statements does not infringe the right of anyone: No cause of action arise under Art. 226 

Kerala High Court: V. G. Arun, J., dismissed the instant petition filed by the petitioner, the Additional Private Secretary to the Chief

Case BriefsHigh Courts

Kar HC | Whether Magistrate is required to give elaborate reasons for taking cognizance and summoning the accused in view of report under S. 173 CrPC? Legal position discussed

Karnataka High Court: Michael Cunha J., dismissed the writ petition being found that the criminal action was rightly initiated against the petitioner.

Case BriefsHigh Courts

All HC | Is the presence of complainant at summons stage for adjudicatory purpose necessary? Single Bench discusses

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing a criminal revision observed that, Trial Court Judge should not insist on the

Case BriefsHigh Courts

Mad HC | Non-service of copies of plaint is not a ground for converting a summary suit filed under Or. 37 CPC into a regular suit

Madras High Court: V. Bharathidasan, J., dismissed a revision petition filed against the order of the trial court whereby the application filed by

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Bom HC | Statement recorded under S. 108 of Customs Act is not reliable in isolation without corroboration by independent witness

Bombay High Court: K.R. Shriram, J., dismissed an appeal filed by the Union of India against the order of the trial court whereby

Case BriefsHigh Courts

Bom HC | Magistrate’s wide jurisdiction to acquit the accused under S. 256 (1) CrPC explained

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the Metropolitan Magistrate whereby he had acquitted the

Case BriefsHigh Courts

Del HC | Limitation provided under S. 468 CrPC not applicable to S. 138 NI Act

Delhi High Court: Suresh Kumar Kait, J., dismissed a criminal petition wherein the petitioner sought quashing of the summoning order passed by the

Case BriefsHigh Courts

Pat HC | Magistrate’s power to seek appearance would not extinguish after allowing an application under S. 205 of Code of Criminal Procedure

Patna High Court: Birendra Kumar, J. allowed the application of the petitioner to set aside the order which had issued a non-bailable

Case BriefsHigh Courts

Del HC | Trial court cannot reconsider issue of maintainability of suit under Or. 37 CPC where once summons have been issued and served on defendant

Delhi High Court: Sanjeev Sachdeva, J. allowed a petition filed against the order of the trial court whereby the suit filed by the

Case BriefsHigh Courts

Del HC | Wife’s application seeking setting aside of ex-parte decree of Judicial Separation dismissed on treating refusal to receive summons as due service

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ. dismissed an appeal filed by the appellant-wife against the order