Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of Munadi was resorted besides..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Where service of summons is doubtful, trial Court should have called the process server and should have taken his affidavit regarding service of summons upon defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Report of process server shows that defendant refused to take summons and only one witness has signed on report - However, there is no date and time mentioned by process server on the said report - Signature of two independent witnesses should have been taken on report as..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleading of L.R's - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 CPC served on L.R's and if they do not appear, Court to accept the application U.O.22.R.4 CPC, take the legal representatives on record and thereafter, issue summons of the suit to the legal representatives...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4 -- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives..........
Criminal Procedure Code, 1973, Section 173 -- Protest petition/private complaint - Once protest petition/private complaint taken on record by taking Sworn Statements of PW1 to PW3, Magistrate should have proceeded to consider matter on merits and disposed of same after examining witnesses by issuing summons to accused - Magistrate, however, taken a route of S.468 Cr.P.C..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex-parte decree - Setting aside - Summons not served - Publication of notice in newspaper - Defendant on account of militancy shifted from Srinagar to Jammu - In these circumstances, even if he had some vague knowledge that summons were sent to his address at Srinagar, it cannot..........
Civil Procedure Code, 1908, Order 15, Rule 5, West Bengal Premises Tenancy act, 1956, Section 14(4) -- Rent and eviction - Striking out of defence - On the ground of arrears of rent - Defendant failed to offer any explanation for non-payment of rent subsequent to August, 2014 or within one month after writ of summons served on defendant - Even, defendant failed to produce..........
