Showing : 361-370 of 807 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 205, 331-- Exemption from personal appearance of accused - Discretion of Judge issuing summons to dispense with the rigour of personal presence and permit to be represented by pleader...........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 205(2)-- Cancellation of order granting exemption - S.205(2) does not require Magistrate to issue summons to accused after cancellation of order granting exemption...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Examination of accused u/s 313 Cr.P.C. - In a summons case, when the personal appearance of the accused has been dispensed with u/s 205 of the Code, a discretion is vested in the Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside of ex parte decree - Irregularity in service of summons - Held, if the party had notice of date of hearing, it is irrelevant whether service of summons was effected or not - In such circumstances, ex parte decree cannot be set aside even if it is established that there was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 5-- Unserved defendants - Deposit of amount for publication - Effect thereof - Held, mere deposit of amount for service by publication by plaintiff will not give a right to plaintiff-petitioner for all times to come to claim issuance of summons against unserved defendants as provisions of O.9.R.5 CPC..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 202-- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - Appeal against dismissal of petition seeking compensation for death in a motor accident - Claimant did no more than filing FIR and charge-sheet against driver of offending vehicle - Tribunal felt it was insufficient to hold that a particular vehicle was involved in..........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Setting aside ex parte decree - Ex-parte decree obtained against minor or person of unsound mind, who was not represented through his next friend or duly appointed guardian - Held, such a decree is a nullity - Ex-parte decree procured against lunatic by effecting summons through substituted..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15-- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult member of family,..........

Showing : 361-370 of 807 Results