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Search Results for "Summoning"

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Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

High Court

Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

7 Feb 2025

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

Supreme Court

Supreme Court Quashes Summoning Order in Criminal Complaint Due to Non-Compliance with Section 202 CrPC. The Court held that when accused reside beyond the magistrate's jurisdiction, mandatory inquiry or investigation under Section 202(1) of the Code of Criminal Procedure, 1973 must precede summoning, and failure to do so renders the order illegal.

23 Feb 2024

The dispute arose from a private complaint filed by the complainant under Section 200 of the Code of Criminal Procedure, 1973, alleging offences under...

Supreme Court

Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

22 Feb 2024

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

Supreme Court

Supreme Court Quashes High Court Orders in Separation of Powers and Contempt Case Due to Judicial Overreach and Abuse of Process. High Court Lacked Power to Direct Notification of Rules Under Article 229 of Constitution and Improperly Initiated Criminal Contempt for Legal Challenges, Violating Principles of Separation of Powers and Legal Remedies.

3 Jan 2024

The appeals arose from two orders of the Division Bench of the High Court of Judicature at Allahabad dated 4 April 2023 and 19 April 2023. The factual...

Supreme Court

Supreme Court Allows Appeal in Criminal Complaint for Alleged False Affidavit Under Representation of People Act — High Court Erred in Not Quashing Summoning Order as Complaint Did Not Disclose Offence Under Sections 420, 465-471 IPC. The Court held that the essential ingredients of cheating and forgery were not made out as the complaint did not allege any fraudulent or dishonest intention to deceive the Election Commission.

28 Apr 2023

The present appeals arise from a private complaint filed by the respondent-complainant before the learned ACJM, Hoshiarpur, alleging offences under Se...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Company and Its Officials in Breach of Trust Case Due to Lack of Prima Facie Evidence. The Court Held That Allegations of Forged Demand and Outstanding Amounts Pertained to Civil Disputes Under Dealership Agreements and Did Not Constitute Criminal Breach of Trust Under Section 406 Indian Penal Code, 1860.

2 Jan 2023

The appeal arose from criminal proceedings initiated by a private complaint alleging criminal breach of trust under Section 406 IPC against Jotun Indi...

Supreme Court

Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

5 Dec 2022

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Family Members in Dowry Harassment Case Due to Vague Allegations and Lack of Territorial Jurisdiction. The Court held that the complaint under Section 498A IPC and Dowry Prohibition Act was an abuse of process as the allegations were general and the incident alleged to create jurisdiction was not corroborated.

1 Apr 2019

The Supreme Court allowed the appeals filed by Rashmi Chopra and others against the judgment of the Allahabad High Court dated 08.08.2018, which had d...

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