Showing : 91-100 of 149 Results

MADRAS HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Returned with endorsement `there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 6(1)(c), Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - Starting point - When summons is not accompanied with copy of plaint or when summons is served after date of appearance, then period to set aside exparte decree starts to run from date of knowledge of exparte decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 5, Rule 1, 20-- Summons - Refusal to accept - Service by Munadi ordered - Notwithstanding the issuance of a fresh notice by substituted service, the effect of earlier service when summons were refused is not nullified - Held, defendant was duly served on the day he refused to accept summons...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Limitation - 30 days - Starting point is date of decree - However, in case summons or notice is not duly served then it is from the date of knowledge of the decree...........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20-- Exparte decree - Setting aside - Substituted service - Summons returned unserved due to wrong address - Correct address not furnished - Court ordered substituted service on being made to believe by filing affidavit that defendant could not be served despite various efforts made - No reason to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123-- Exparte decree - Setting aside - Limitation - In case there is due service limitation to file application to set aside exparte decree is 30 days from the date of decree - In case summons or notice was not duly served then limitation is 30 days of knowledge of the decree...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Plea that defendant was not served with summons for judgment - Trial Court holding that once the summons in substituted form is served then there is no need to issue summons for judgment - O.37.R.3 prescribes that defendant should file appearance within ten days of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Summons for judgment - To be served on defendant even if he appears more than 10 days after service of suit summons provided an exparte decree is not passed by the date of such appearance...........
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Service of summons by registered post - No mention therein as to when it was served - There is one signature on A.D. but name is not clear - Defendant denied signatures to be his or his family members in his deposition - Service not proved - Exparte decree set..........

Showing : 91-100 of 149 Results