Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - O.5.R.20 CPC requires Court to be satisfied either that there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way - Substituted service is an exception to the normal mode of service -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Substituted service - Breach of provision of O.5.R.17 CPC as report of bailiff not indicating that summons were affixed on a conspicuous part of the house, at the address mentioned in the summons - Besides that, order of Court does not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea of non service of summons - Once it is stated on oath by defendant that service was never effected upon him, it is incumbent on plaintiff to produce process server and in case process server is not examined, service cannot be deemed to have taken place - Ex parte decree set aside...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its appellate jurisdiction u/art..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - If accused summoned by Trial Court at the stage of S.204 Cr.P.C. and complainant does not appear before Magistrate then, both in summons triable cases and in summarily trial cases, Magistrate has to acquit accused unless for some reasons he thinks it proper to adjourn..........
Criminal Procedure Code, 1973, Section 91 -- Summons to produce documents - Invocation of S.91 by accused at the stage of framing of charge - Held, at the stage of framing of charge, accused cannot ordinarily invoke S.91 - However, if Court is satisfied that there is material of sterling quality which has been withheld by investigator/prosecutor, Court is not debarred from..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked with direction given to..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Issuing of non bailable warrant - Instead of issuing summons, Court cannot staightway issue no, bailable warrants to additional accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
