Showing : 331-340 of 807 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105-- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution of warrants -..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4-- List of witnesses - Recording of evidence - Witness not in control of party wanting to examine him - Remedy - Held, recourse to O.16.R.1 is permissible - Accordingly, if Courts summons such witness it is under duty to ask witness either to file an affidavit by himself or be examined by Court..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quashing of proceedings - All the cheques were drawn on a bank which is situated within territorial limit of Court concerned and as such Court concerned is not lacking of any territorial jurisdiction - Having gone through averment made in petition of complaint and initial..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Can be ordered only when one of the following conditions is satisfied (i) the defendant is keeping himself away to avoid service of summons; or (ii) for any other reason, the summons cannot be served in the ordinary way - Non fulfilment of either condition necessary for..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Can be ordered when defendant cannot be served in the ordinary way though defendant may not be avoiding or evading service of summons and yet it may not be practicable to effect personal service upon him, e.g. where the defendant is a pardanashin lady, or is missing, or her..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 5, Rule 20-- Substituted service - Court not to order substituted service in absence of material before the Court that defendant was avoiding service and/or that it was not possible to serve the summons on the defendant in the ordinary course...........
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..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Cannot be set aside merely on the ground of irregularity in service of summons subject to the condition that Court is satisfied that defendant had notice of the date of hearing and had sufficient time to enable him to appear and answer the plaintiff's claim...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20-- Ex parte decree - Setting aside - Service of summons through registered post - Received back with postal endorsement 'Not claimed. No such person refer sender' - Postal article thus only mentions non finding of addressee and not that the addressee refused to accept summons - No occasion for..........

Showing : 331-340 of 807 Results