Civil Procedure Code, 1908, Order 5, Rule 9(4), 19 -- Summons - Service by post - Summons sent to a defendant living outside the territorial jurisdiction of Court even if refused to be accepted cannot be deemed to be proper service as summons to a defendant living outside the territorial jurisdiction of Court cannot be sent by registered post...........
Criminal Procedure Code, 1973, Section 204 -- Non bailable cognizable offence - Complaint - Court issuing summons - Having exercised the discretion to issue summons only, accused cannot be remanded to custody when he appears in Court and is willing and prepared to offer bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - If threat of arrest is due to reasons other than what is sated in S.438 Cr.P.C. like non appearance in Court even after receipt of summons or directions by Court or default appearance in Court, S.438 Cr.P.C. has no application...........
Punjab Land Reforms Act, 1972, Section 8, 11(7), 28, Punjab Security of Land Tenures Act, 1953, Section 5B -- Exparte order of surplus area after remand - Death of landowner not brought to notice of Commissioner - Impugned order by Collected dated 23.5.1968 after report of refusal on summons - Dismissal of appeal as time barred and on merits - State delivered possession of..........
Criminal Procedure Code, 1973, Section 202, 195, 340, Indian Penal Code, 1860, Section 191, 193, 209 -- Offences u/ss 191, 193 & 209 IPC - Issuance of summons - Validity of - Held, S.340 of the Code prescribes procedure to be followed for offences mentioned in S.195 of the Code - Court could not have taken cognizance of offence allegedly committed by petitioner u/s 193 r/w..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - To be filed within a maximum period of 90 days from the date of service of summons - However, extension of time can be granted in exceptional circumstances...........
Criminal Procedure Code, 1973, Section 205 -- Dispensing with personal appearance - Complainant, who contributed to chit fund, when wanted to draw his own amount, cheques issued towards payment of same by accused were dishonoured - When summons were issued, in spite of receiving summons, accused failed to appear and when NBWs were issued those were also not executed - Only..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action arose to the complainant on 9th August, 2008 when he received summons from DRT - Complaint filed on 20th August, 2005 when the complaint was patently barred by time...........
Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427 -- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of exparte decree - However, in case summons were duly served then limitation starts to run from the date of exparte decree - Application filed beyond period of limitation - Condonation of delay..........
