Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served with summons in the suit and he had made appearance through his counsel in 2016 - Thereafter, there is failure to file written statement and petitioner was set ex parte - Petitioner had an opportunity to file written statement after receiving summons in suit..........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of summons in a newspaper other than a daily newspaper is a violation of requirement of law and therefore cannot be termed merely as an irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non-compliance of O.5.R.20 CPC - Summons was published in weekly newspaper and not in a daily newspaper - There is thus clear violation of mandatory provision U.O.5.R.20(1-A) CPC with regard to substituted service - Ex parte decree set aside...........
Bharatiya Nyaya Sanhita, 2023, Section 329(4), 232, 351(3), 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 329(4), 232, 351(3), 3(5) BNS - Issuance of non-bailable warrants - Quashing of order - Notice issued u/s 35(3) BNSS indicates that investigation agency did not initially intend to arrest accused - Neither any material on record nor any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 75 -- Non bailable warrants - Procedure to issue NBWs - Where accused have neither been arrested during investigation nor is there any material demonstrating judicial custody of accused necessary for completion of investigation or trial, Court is bound in first instance to issue summons - Only thereafter, in even of non..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Setting aside - When an ex-parte decree is passed, defendant has two remedies: (i) Either to file an application U.O.9.R.13 CPC to set aside ex-parte decree by satisfying Court that summons was not served or if served, defendant was prevented by sufficient cause from appearing in Court when suit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - In the absence of verification of address of a party, through a witness, service of summon cannot be treated as complete...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
