Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prayer for expeditious disposal of application - Plaintiff did not take steps for service on defendants for more than one year and seven months after issuance of notice - Notice and summons not served and period for drawing presumption of service was also not over by the date of passing order -..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - 30 days from the date of decree - Limitation would begin to run from the date of knowledge only where summons or notices are not duly served...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act - Where requisite certificate is applied for from person or authority concerned and person or authority either refuses to give such certificate or does not reply to such demand, party asking for such certificate can apply to Court for its production under provisions of..........
Legal proceedings -- Service of notices, summons and exchange of pleadings/documents - During period of lock down in view of Covid-19 pandemic - Such services may be effected by e-mail, Fax, commonly used instant messaging services, such as Whatsapp, Telegram, Signal etc. - However, if a party intends to effect service by means of said instant messaging services, it is..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte order - Setting aside - Non-compliance of O.5.R.20 CPC - Order of substituted service passed by trial Court without satisfying that defendants are avoiding service of summons upon them or that service of summons in ordinary way is not possible upon them - There is thus,..........
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),..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - Conversion of summons case to warrant case - Accused did not make any request for such conversion at commencement of trial - Even, there is no plausible explanation for the same - Conversion of summary trial as summons case to warrant case at this stage..........
