Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- One opportunity granted by High Court to conclude evidence by producing all witnesses on their own responsibility by taking dasti summons - Process issued and summons duly served upon witnesses - Non appearance of served witnesses - In such situation Court is under legal obligation to secure the presence of served witnesses..........
Civil Procedure Code, 1908, Order 16, Rule 7A -- Summoning of witnesses - Process fee though paid but witnesses did not turn up - Court should procure the attendance of witnesses by coercive method - Plaintiff cannot be compelled to take dasti summons for witnesses - Evidence of plaintiff cannot be closed for his failure to take dasti summons...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Dasti summons - Prosecution is given liberty to serve summons through agency of police then same facility cannot be denied to accused - Court cannot compel defence to obtain dasti summons from the Court and serve the same themselves - When an application for summoning is moved either by the prosecution or by..........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 16, Rule 1 -- Adjournment sought for production of evidence on some other date - Petitioner undertook to produce and examine his entire evidence on any two consecutive dates and official witness to be served dasti, if need so arises - Petitioner took dasti summons to Ludhiana and Khanna for..........
Criminal Procedure Code, 1973, Section 62, 311 - - Summoning of witnesses - Dasti - Prosecution had received dasti summons for its witnesses and notwithstanding it did not produce its witnesses - Plea that State would be able to fill in loopholes if allowed examination of witnesses after closure of arguments - Held, Chapter II Part I of the Civil Court Rules framed by the..........
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 -..........
Civil Procedure Code, 1908, Order 9, Rule 9, 13 -- Restoration of restoration application - In support a medical certificate issued by a private doctor produced - Doctor not examined - To set aside exparte decree no evidence led inspite of many opportunities - Applicant even himself did not appear as a witness -Applicant did not summon any witness through Court nor did he..........
Civil Procedure Code, 1908, Order 16, Rule 7-A, 10, 12 -- Witness failed to appear inspite of `Dasti' service of summons - Evidence cannot be closed - Court to take coercive measures to enforce attendance of the witness...........
