Bharatiya Nagarik Suraksha Sanhita, 2023, Section 71 -- Summons - Non-compliance of - Summons u/s 71 BNSS, has no immediate bearing on the liberty of an individual in case of its non-compliance...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons by affixation - Requirement of O.5.R.17 CPC stands satisfied - However, it was held that there is no proper service for non compliance of O.5.R.19 CPC - In case report of serving officer is verified then it is not mandatory for Court to examine serving officer to hold any other further enquiry - Absence..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised at any stage of suit, before registering plaint or after issuing summons to defendant or at any time before conclusion of trial...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court issued proclamation straight away without recording any reasons to indicate that petitioner has absconded or is concealing himself from process of law - Conspicuously, no summons or bailable warrants were issued prior to issuance of proclamation - Presence of accused first ought to have been secured by..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of a witness not named in list of witnesses - Court can allow a party to produce a witness though not named in list of witnesses - Order rejecting application set aside - Trial Court directed to issue summons to proposed witness to record his evidence...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Approach of Additional Judicial Commissioner is correct inasmuch as while taking cognizance, it firstly applied its mind to materials before it to form an opinion as to whether any offence has been committed and thereafter went into the aspect of identifying the persons who appeared to have committed the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3), 179(1) -- Issuance of notice/summons - Summoning of advocate - Police cannot issue summon to advocate to police station in his professional capacity...........
