Delhi Rent Control Act, 1958, Section 14(1)(e), 25B(3)(a) -- Eviction petition - Bonafide requirement - Publication of summons in a newspaper - Service is duly complete even if only summons are published and there is no requirement of publishing entire eviction petition and annexures thereto in newspaper...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside - Summons duly served - Defendant was mislead by his brother that he has engaged counsel and was made to sign several blank papers and was assured that he need not attend Courts - Plea of mislead for over 14 years does not appear to have any substance and application having been filed at the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - If by means of clever drafting a camouflage has been created in order to create an illusion of a cause of action then such cases should be nipped in the bud at the first hearing itself i.e. even before admitting the suit and issuing summons or any time thereafter...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Opportunity to produce defence closed by Court - Quashing of order - Once it is held by Court that production of two witnesses was necessary, which were summoned and for whom process is already issued, then compliance of same is legal requirement of Court - Unwillingness of witness to respond summons or..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said report is duly witnessed by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no necessity for defendant to file an application for condonation delay while seeking relief of setting aside ex-parte decree passed against him, when there is no evidence to show that summons were served upon him and when he..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Case in substance when not tried in a summary way, though triable summarily and was tried as a summons case, it need not be heard de novo and succeeding Magistrate can follow the procedure contemplated u/s 326(1) Cr.P.C...........
