Validity of Issuance of summons - The learned Courts below did ...

Court Overlooked Section 200 CPC: Summons Exemption Only for Public Servants, Lacked Evidence Against Petitioners.

May 27, 2022

Case Laws Customs HC

Validity of Issuance of summons - The learned Courts below did not consider that at the stage of Section 200 of Cr. P.C., the exemption can only be given to a public servant who has filed a case in his official capacity, but such exemption is not available with the other witnesses. In the present case, it was the duty of respondent no.2 to prove its case against the petitioners and show sufficient evidence on record, however, the respondent no. 1 in the present case did not examine even the panch witnesses to prove its case. Therefore, the Court below has summoned the petitioner without any material on record for prima facie satisfaction. - HC

View Source

← Previous Next →

Validity of Issuance of summons - The learned Courts below did ...

Court Overlooked Section 200 CPC: Summons Exemption Only for Public Servants, Lacked Evidence Against Petitioners.

May 27, 2022

Case Laws Customs HC

You may also like:

Non-forwarding of bills by user departments for scrutiny and delay in uploading soft copies led to rejection of discharge application. However, the material presented by...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It...

Money Laundering - Scheduled offences - whether the Non-Bailable Warrants (NBW) issued against the petitioner are liable to be quashed? - The High Court affirmed the...

Penalty imposed by the Settlement Commission u/s 271(1)(c) - The petitioner argued against the penalty, citing lack of mens rea and the absence of evidence showing...

Validity of summon issued - for want of furnishing of certain documents, that has been quashed by this Court and accordingly, the respondent was directed to proceed...

In a case concerning the dismissal of an application to summon an official from the GST Department in Ludhiana along with the GST 3B return record, the High Court held...

The petitioner was neither the signatory nor the proprietor of the firm that issued the cheques in question. Before summoning an individual to face criminal trial, the...

The High Court rejected the prayer to quash the summoning order against the accused applicant in a case related to illicit trade of foreign gold. The court held that the...

The Madras High Court examined the validity of summons issued u/s 70 of the Central Goods and Services Tax Act, 2017, following alleged abuse and threat during a...

Allegation of Corruption against RP/IRP - public servant or not - In the opinion of this Court, the Constitutional Courts would be loath in reaching such drastic...

Source of Income of Public Servant or Ostensible Owner - Addl. CIT - Abuse of official position, as public servant - possession of disproportionate assets - This Court...

Seeking pre-arrest bail -The court dismissed the application for anticipatory bail, emphasizing that the summons issued under Section 108 of the Customs Act were for...

Exemption from Service Tax - The exemption which was earlier granted in the public interest was withdrawn in the public interest - Whether public interest existed or not...

Validity of criminal complaint and related summons issued by the ACMM, New Delhi - Liability to pay differential customs duty with penalty - The High Court acknowledged...

The Supreme Court held that the dispensation regarding Prevention of Money Laundering, Attachment of Proceeds of Crime, and Inquiry/Investigation of offence of Money...

Quick Updates: