Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Ex parte decree - Setting aside - Summons issued by registered post received back with postal endorsement of refusal - As per O.5.R.9(5) if defendant or his agent refuses to take delivery of postal article containing summons, Court issuing summons shall declare that summons had..........
Civil Procedure Code, 1908, Order 5, Rule 9(5) -- Service of summons by registered post - Summons received back with postal endorsement of `Refusal' - Summons shall be taken to be duly served...........
Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Magistrate u/ss 87, 204(1)(b) Cr.P.C can straightaway issue warrants against accused without issuing summons...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Summons -- Service of summons by email and whatsapp - Petitioner permitted to serve both the respondents as per details mentioned in the application - Petitioner would furnish an affidavit that email and whatsapp numbers are correct and that email sent has not bounced back as well as to take a screen shot of service of summons through whatsapp upon both the respondents...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Issue should have been framed by trial Court as to whether defendant was served and/or had knowledge of pendency of suit and thereafter an opportunity should have been given to defendant to lead evidence - Since said procedure is not followed, trial Court has erred in..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- Issuance of summons - At the stage of issuance of summons it is open to Court to examine whether suit is barred by O.7.R.10 or O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Consideration of application prior to issuance of summons - There is no bar hearing defendant, if defendant is present...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant was not residing at given address where summons were served - However, nowhere in application it has been averred that defendant had shifted to which place - Application was supported by affidavit of defendant showing same address as in summon - No sufficient cause has been shown by..........
