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'Show Cause' notice why summons should not be issued
20-Nov-2024 (In Criminal Law)
Before actual Summons is served, Mumbia courts had earlier practice to first send defendant with 'Show Cause' notice to file say as to why Summons should not be issued. Is this still the practice or has it been discontinue?
it's a pure discretion, there is no provision which compels courts to do so, however, if the accused is staying out of the jurisdiction of the court or the accused is not signatory to cheque , then the court issues notice
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Adv. Devendra Singh
Mumbai | 25+ Answers
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Well, no such show cause notice has been issued these days, that, why a summons to appear in the court, would not been served upon you! Directly, the Defendant receives a Summons, if he has been made a party in a Suit by the Plaintiff, either from Court or Plaintiff's Advocate with Petition/Plaint filed.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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The practice of issuing a Show Cause Notice before serving Summons to a Defendant was earlier followed in some Civil Courts, particularly in cases where the Court deemed it necessary to seek a Preliminary Explanation from the Defendant. However, this practice is not uniformly followed anymore and has largely been discontinued in many jurisdictions.
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Adv. Ranabir Datta
Pune | 100+ Answers
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