Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons by Munadi - Service of summons was effected but there was an irregularity as copy of petition was not served - Since it was well within knowledge of defendant that there was a case pending against him qua which service of summons was effected - Even if it was not..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte order - Setting aside - Eviction suit - Summons were duly served to tenant - Tenant had been appearing in proceedings since the year 2017 - But since Nov 2018 till June 2019, tenant did not come for further progress of case and opted to remain absent from dates fixed..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Direction u/s 91(1) Cr.P.C cannot be issued to an accused to produce an incriminating document...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 2698 days - Summons not issued to defendant personally - Defendant came to know about ex parte decree when he received notice in the execution petition - Court not satisfied with the explanation of defendant - However, in view..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Defendant claimed that summons not duly served to her - However, notice was sent to defendant through Nazarat and service report was returned with note that summons could not be served upon defendant as she was not found in her house - Court was..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
