Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Order taking cognizance and issuing summons to accused is not clearly an interlocutory order but an intermediate order - Said order is thus, appealable u/s 14-A(1) of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Not considered duly served and fresh notice was ordered - On the next date of hearing defendant was proceeded ex parte on the basis that on earlier date of appearance the notice was received back with an endorsement of refusal to accept - Do novo ex parte proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refusal to grant further adjournment in favour of accused to adduce evidence of defence witnesses - Accused should not be allowed to unnecessarily protract trial or request the Court to issue summons to witnesses whose evidence would not at all be relevant for deciding the case - In such situation trial..........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Unless a bona fide attempt to obtain certified copies failed to yield results and unless petitioners are able to satisfy Court that production of original public documents is necessary, petitioners are not entitled to make a request to issue summons for production of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Non-summoning of respondents - Wife herself stated that matrimonial home was shared between her husband and mother-in-law - Respondents 3 & 4 being sister-in-law and husband of sister-in-law used to visit frequently, but there is no suggestion that they were or intended to be..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence indicates that no injury found on the body of prosecutrix - Presence of semen of accused on apparels of prosecutrix as an incriminating evidence was not established by evidence available on record - I.O did not turn up for rendering his evidence despite repeated summons - Non-reliable state of evidence led by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Affixation of copy of summons on the house - It is not mandatory requirement to mention the name and address of witness, in whose presence the copy was affixed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Ex parte decree - Setting aside - Court shall not set aside decree passed ex parte merely on the ground that there is an irregularity in service of summons, if it is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
