Criminal Procedure Code, 1973, Section 53, 482 -- Non-bailable warrants - Petitioners were evading service despite having knowledge of issuance of summons - Non-bailable warrants were issued against them - Even after issuance of non-bailable warrants, petitioners instead of putting appearance before Court and praying for cancellation of said warrants, approached High Court..........
Constitution of India, 1950, Article 227, Punjab Rent Act, 1995, Section 24(3), 38(4), 38(5) -- Punjab Rent Act Sch.III - Rent and eviction - NRI landlord - Non-service of summons - Tenants filed present petition just to stall eviction proceedings by hook or crook and obtained interim stay for their dispossession without any lawful basis - As due compliance of Ss.38(4),..........
Maharashtra Rent Control Act, 2000, Section 43(4)(a) -- Rent and eviction - Application for leave to defend filed by advocate - Tenant not filed affidavit within the mandatory period of 30 days u/s 43(4)(a) of the Act - However, application filed by counsel for tenant under his own signature within 30 days of service of summons - Advocate cannot initiate proceedings on..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons by affixation - Summoning of process server and witnesses not necessary in every case, wherever service takes place by affixation - Plaintiff himself could have produced said witnesses...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant in cross examination in another suit admitted of knowledge of proceedings of the present suit - However, in cross examination there was no specific suggestion that he had been proceeded ex parte in the present proceedings and that he was aware of having been proceeded ex parte -..........
Judicial Order -- Order - as to service of summons upon defendant - However, said order not supported by documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Judicial order showing that defendants were duly served - However, said order not supported by the documents like service report and copy of summons - Presumption attached to correctness of judicial order thus not available - Claim of defendants to set aside ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
