Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Service -- Appointment - Appellant was appointed on tenure basis - He was not holding post of Lecturer on ad hoc basis and was not working against leave/suspension vacancy - Exception carved out by Art.77-D Third Proviso of J & K Civil Services Regulations not apply - Pay protection thus, given to appellant...........
Service -- Retired employee can be appointed as an inquiry authority - It is not necessary that inquiry officer should be a public servant. (Central Civil Services (Classification, control and Appeal) Rules, 1965, R.14(2)..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Refusal to accept summons - No report of affixation of summons - Non compliance of O.5.R.17 CPC - Service cannot be deemed to be effective one - Order setting aside ex parte decree calls for no interference...........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree cannot be set aside on the ground of irregularity in service of summons, if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear in Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
