Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Summoning Order

Saturday, March 31, 2012
Summoning Order

Summoning order — Civil liability and Criminal culpability — In offences of the nature contemplated under the summoning order, there can be civil liability coupled with criminal culpability — What a party has been deprived of by an act of cheating, can be claimed through a civil action — The same deprivation based on denial by way of deception, emerging from an act of cheating, would also attract criminal liability — Summoning order cannot be quashed merely on the ground that since a civil claim has been raised by the complainant, therefore, initiation of criminal proceedings against the appellants was misconceived — The culpability (if at all) would emerge only after evidence is adduced by the rival parties before the trial court.

 
Tuesday, December 11, 2007
Summoning Order

Summoning order — Held, there is no doubt that the High Court has power to summon high officials, but that should be done in very rare and exceptional cases when there are compelling circumstances to do so — Such summoning orders should not be passed lightly or as a routine or at the drop of a hat — Frequent, casual and lackadaisical summoning of high officials by the Court cannot be appreciated — Further held, senior official must be given proper respect by the Court and he should not be humiliated — Such senior officials need not be made to stand all the time when the hearing is going on, and they can be offered a chair by the Court to sit — They need to stand only when answering or making a statement in the Court — The senior officials too have their self-respect, and if the Court gives them respect they in turn will respect the Court — Respect begets respect.

 
Summoning Order

Summoning order — Summoning a senior official, except in some very rare and exceptional situation, and that too for compelling reasons, is counter productive and may also involve heavy expenses and valuable time of the official concerned.

 
Summoning Order

Summoning order — Summoning Senior Official for non-compliance of the order passed by the High Court — Held, it sometimes happens that a senior official may not even know about the order of the High Court — For example, if the High Court stays the order of the Collector of suspension of a class-III or class IV employee in a government department, and certified copy of that order is left with the Clerk in the office of the Collector, it often happens that the Collector is not even aware of the order as he has gone on tour and he may come to know about it only after a few days — In the meantime a contempt of court notice is issued against him by the Court summoning him to be personally present in Court — Held, this should not be readily done, because there is no reason why the Collector would not obey the order of the High Court — In such circumstances, the Court should only request the government counsel to inform the concerned Collector about the earlier order of the Court which may not have been brought to the notice of the Collector concerned, and the High Court can again list the case after a week or two — Almost invariably it will be found that as soon as the Collector comes to know about the stay order of the High Court, he orders compliance of it.

 
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