Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A -- Exemption from personal appearance - Offence u/s 498-A - Summons issued - Petitioner, a tour guide requires extensive travelling around different places - Petitioner stated in his application that whenever his personal appearance is required he will appear in person and only in routine..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Where summons is served, limitation begins from the date of decree...........
Transfer of Property Act, 1882, Section 106 -- Notice - Service of summons in the suit can be held as notice u/s 106 of the Act for terminating tenancy...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Ex parte eviction order - Setting aside - Service of summons by affixation on the outer door of house - Process server opined that doors were locked and he has affixed the summons on the outer door of the house - Petitioner failed to show sufficient reasons for setting aside..........
Criminal Procedure Code, 1973, Section 311, 91 -- Additional witness - Summons to produce documents - Additional witness can be summoned even though he/she was not earlier summoned as witness, if his/her evidence is essential for just decision of case - There is no distinction in the provision with respect to documents which are a part of charge-sheet or which are not a..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - For ordering substituted service, it must be shown 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...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord - Eviction - Service of summons not effected in the form as prescribed u/s 13-A of Act - It was merely an irregularity of procedure, as no prejudice is caused to tenant - Moreover, tenant already delayed the eviction proceedings for a period of 7 years by filing applications again and again -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Powers U.O.7.R.11 CPC can be exercised at any stage of the suit before registering the plaint or after issuance of summons to the defendants or at any time before the conclusion of trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
