Showing : 361-370 of 768 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 15, Rule 3-- Where summons have been issued for settlement of issues and where issues have been settled, unless the parties agree, the Court cannot deny the right of parties to lead evidence - To render a final decision by denying such opportunity would be highhanded, arbitrary and illegal...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Foreign Exchange Regulation Act, 1973, Section 56-- Accused allegedly dealt with Hawala transaction - Accused suffered statement when he appeared in pursuance of summons and was in custody - Thus element of coercion or pressure to make confessional statement cannot be ruled out - Further, statements do not establish firmly that accused dealt with..........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 28-- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Non examination of public witnesses who had been joined in seizure - Summons sent to these witnesses returned back unserved with the report that addresses were wrong - Held, prosecution case cannot be rejected on the..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 19-- Ex parte divorce decree - Setting aside - Ex parte divorce decree obtained by husband against wife - Neither process server examined who served summons on wife, nor affidavit or report of process server was filed as envisaged U.O.5.R.19 CPC - Family court drew presumption of service on foot of..........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Court can acquit an accused u/s 256(1) Cr.P.C. only on either of the two days viz. (i) the day appointed for appearance of the accused if summons has been issued and (ii) any day subsequent thereto, to which the hearing may be adjourned...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1)-- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1)-- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 16, Rule 10-- Review - Witnesses of the petitioner not present despite the fact that petitioner got their bailable warrants issued - Court shut the evidence of the petitioner without recording findings whether bailable warrants were executed or not - If the witnesses had not come present despite service through..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Limitation - 30 days - Starting point of limitation - In a case where defendants appears but was proceedings ex parte, the limitation of 30 days starts to run from the date he was proceeded ex parte - However, in a case where summons were not served, limitation..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Mode of service - Personal service of summons in ordinary way is a rule and substituted service is an exception - Before passing an order for substituted service, Court must be satisfied that conditions stipulated in Order 5 Rule 20 CPC exist - There is presumption that service substituted by the..........

Showing : 361-370 of 768 Results