Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea that there was no cause of action for suit is different from plea that plaint does not disclose cause of action - In latter case, it is duty of Court to decide question before issuing summons and reject plaint without issuing summons...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons on an adult member of family of defendant - No specific order of Court for this purpose is required - Court is also not required to conclude that defendant cannot be found at his residence within a reasonable time...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Order taking cognizance and issuing summons to accused is not clearly an interlocutory order but an intermediate order - Said order is thus, appealable u/s 14-A(1) of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Not considered duly served and fresh notice was ordered - On the next date of hearing defendant was proceeded ex parte on the basis that on earlier date of appearance the notice was received back with an endorsement of refusal to accept - Do novo ex parte proceedings..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, Dishonour of cheque -- Dismissal of complaint in default - Complaint cannot be dismissed u/s 256 Cr.P.C for absence of complainant if the matter is for return of summons, as presence of complainant was not required for that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refusal to grant further adjournment in favour of accused to adduce evidence of defence witnesses - Accused should not be allowed to unnecessarily protract trial or request the Court to issue summons to witnesses whose evidence would not at all be relevant for deciding the case - In such situation trial..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
Civil Procedure Code, 1908, Order 16, Rule 7 -- Summoning of public officials to produce documents - Unless a bona fide attempt to obtain certified copies failed to yield results and unless petitioners are able to satisfy Court that production of original public documents is necessary, petitioners are not entitled to make a request to issue summons for production of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Non-summoning of respondents - Wife herself stated that matrimonial home was shared between her husband and mother-in-law - Respondents 3 & 4 being sister-in-law and husband of sister-in-law used to visit frequently, but there is no suggestion that they were or intended to be..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence indicates that no injury found on the body of prosecutrix - Presence of semen of accused on apparels of prosecutrix as an incriminating evidence was not established by evidence available on record - I.O did not turn up for rendering his evidence despite repeated summons - Non-reliable state of evidence led by..........
