Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Reason for non service of summons is no, availability of defendant when summons were about to be served - Despite correct address given, no steps were taken by plaintiff to serve defendant on correct address - Even otherwise, suit property is valuable and..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 18 -- Setting aside ex parte decree - Summons - Non-compliance with the provision of O.5.R.18 - Where official stamp of appellant-company is there on summons, service upon Manager of appellant-company is not required to be witnessed by any of the employees working there - No defect in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Can be set aside if summons were not duly served or if a party is prevented by sufficient cause from appearing in response to the summons...........
Delhi Rent Control Act, 1958, Section 25B -- Eviction petition - Bonafide requirement - Limitation for purpose of filing leave to defend - Mode of service - Both modes of service are mandated and have to be resorted to simultaneously by Controller - However, if service through one mode is completed or successful, that is deemed sufficient, irrespective of whether other..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Summons pasted on door - There is lapse of not recording evidence of process server - However, in case appellant was keen to show that summons was not accompanied with copy of plaint, then nothing could have stopped appellant from moving application before trial Court to seek direction to cross..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Drop of proceedings at the stage of recording of evidence - S.258 of the Code is not applicable to a summons case instituted upon a complaint...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
