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...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the alleged signatures of defendant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Dismissal of application for setting aside ex parte decree on ground of non service of summons - Withdrawal of appeal filed thereagainst - Withdrawal of appeal means acceptance of finding that story of non service of summons is not true - Conduct of defendants is not bona fide as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........
Civil Procedure Code, 1908, Order 5, Rule 15, Civil Procedure Code, 1908, Order 3, Rule 3 -- Service of summons - On an adult member of family who is also agent of a party - O.3.R.3 CPC provides that process served on recognised agent of a party shall be as effective as if the same has been served on the party in person, unless the Court otherwise directs - Service of..........
Civil Procedure Code, 1908, Order 5, Rule 15, 17, 19 -- Service of summons - On an adult member of family - Procedural formalities contemplated in R.17 need not be observed - R.19 provides for examination of serving officer and further inquiry, only when summons is returned under R.17 - Such a procedure is not contemplated when summons is served on an adult member...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Possession with respect to tenanted premises - Tenancy admitted - Since rent is more than Rs.25,000/- as such protection of Rent Act is not available - Monthly tenancy terminated by notice u/s 106 TPA - Service of summons in suit can be taken as notice u/s 106 TPA - Court committed gross illegality in..........
