Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Plea of non service of summons - Purpose of service is to inform the opposite party of the proceedings taken up in Court by a party against him - If a party is sufficiently aware of pendency of such proceedings in a court of law against him, it is his duty to be diligent and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Service of summons at the address where parties last resided - However, parents of husband informed process server that husband had shifted to place at `C' and also gave the address of husband - Court also issued summons at the address at place `C' - After repeated summons sent to..........
Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons - Mandatory obligation has been imposed upon plaintiff that plaintiff together with summons u/R.2 shall serve on defendant copy of plaint and annexure thereto and thereafter, defendant may at any time within 10 days of service enter an appearance either in person or by pleader - One defendants have not been served..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summons - Summons were ordered to be issued for respondent - Purpose contained in order was issuance of summons as required u/O.37.R.2 CPC subject to filing of process fee, copies of plain and documents - Admittedly, respondents were not served afresh in compliance with order - Held, that in veiw of interest of both parties,..........
Rent and eviction -- Notice - In State of Delhi even if no legal notice is sent for terminating tenancy, filing of suit and service of summons of suit amounts to termination of tenancy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Two independent witnesses joined during investigation but not examined - Summons issued but both these witnesses were not residing at the given address - Strangely both these witnesses pursuant to summons u/s 67 NDPS Act appeared to record their statements - No genuine efforts were made by..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 403, 406, 420, 120B -- Summons to produce documents - Offence u/ss 403, 406, 420, 120-B IPC - Case is at the pre-charge stage - Application u/s 91 Cr.P.C filed and heard in casual manner, as no list of witnesses was furnished and no summons have been issued for the purpose of summoning the..........
Civil Procedure Code, 1908, Order 6, Rule 14A -- Plaint - Address for service of summons - It is duty of plaintiff to furnish in the full cause title and separate and independent addresses which are known as registered address for service of all defendants...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
