Showing : 1-10 of 14 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17-- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of a proper report with..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20-- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside ex parte eviction..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13-- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to service of notice through publication - Held, wife was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 5, Rule 7, 19-- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a reference to any house..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service by affixation of summons - Service must be effected by affixing the summons at two places namely (i) in some conspicuous place in the Court-house and (ii) upon some conspicuous part of the house of defendant in which he is last known to have resided or carried on business or..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(3)(a)-- (b) NRI landlord filed petition seeking eviction of tenant on ground of bonafide necessity - Summons issued to tenant received back with report of process server `Refused' - Held, presumption of service of summons cannot be made - After refusal, summons were required to served by way of..........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65-- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by affixation is a valid mode of..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious - Service not..........

Showing : 1-10 of 14 Results