Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Proof - Held, once there is an endorsement of refusal by a party, the person who is serving the notice is required to point out that he has identified the person and the same person either by the party to the litigation or by punchas or neighbours in the area...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
Criminal Procedure Code, 1973, Section 204(1)(b) -- Committal of case to Court of Session - Power to issue summon by Magistrate - Held, once the case is committed to the Court of Session, it is not open for Magistrate to issue summons to other persons in exercise of power u/s 204(1)(b) of Cr.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for specific performance - Applicant sought his impleadment on the ground that the property in question is HUF property - Held, whether the disputed property is HUF or not cannot be decided in the suit for specific performance of agreement - Applicant is neither necessary party nor proper party -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure not adopted - Instead, Magistrate adopted procedure applicable to summons cases - Bar of S.326 CrPC not applicable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Application for setting aside of - Delay of nearly two years - Petitioner was able to prove that acknowledgment was received by Court showing that suit summons were served on 01.12.2008 - Plea of respondent that he had no knowledge of passing of the ex parte decree - Held, such plea is an utter falsehood -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 11 -- Ex parte decree - Setting aside - Rejection of application - Validity - Service has not been affected personally on all defendants - Application U.O.9.R.13 CPC has been dismissed by both Courts bellow - Held, according to the provision of O.5.R.11 CPC, save as otherwise..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Ex parte decree was set aside not only on the ground that summons was not duly served but also for the reason that even otherwise, service of summons by registered post did not assume any significance as no attempt was made to effect service thereof by general mode - Held, reasoning was..........
