Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Dasti summons - Prosecution is given liberty to serve summons through agency of police then same facility cannot be denied to accused - Court cannot compel defence to obtain dasti summons from the Court and serve the same themselves - When an application for summoning is moved either by the prosecution or by..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Long list of 19 witnesses - Not disclosed as to what fact, each of them is supposed to depose - Before issuing summons to defence witnesses, trial Court has to ensure that witnesses so summoned are relevant for disposal of the case...........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no right of hearing at this stage -..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised about the figure/amount also -..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 123 -- Ex parte proceedings - Setting aside - Plea that summons were received but without copy of plaint - Further plea that after receiving summons plaintiff was contacted who assured to withdraw the suit and to get the matter settled amicably - However, later on defendant came to now that suit was..........
Criminal Procedure Code, 1973, Section 82,83 -- Proclamation - Accused summoned to appear - Accused out of India - Cannot be said that accused is avoiding service of summons - In these circumstances proceedings cannot be started u/ss 82 & 83 of the Code and accused cannot be declared as proclaimed offender - Subsequent orders regarding attachment of property and auctioning..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- List of witnesses - Recording of evidence - Witness not in control of party wanting to examine him - Remedy - Held, recourse to O.16.R.1 is permissible - Accordingly, if Courts summons such witness it is under duty to ask witness either to file an affidavit by himself..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when one of the following conditions is satisfied (i) the defendant is keeping himself away to avoid service of summons; or (ii) for any other reason, the summons cannot be served in the ordinary way - Non fulfilment of either condition necessary for exercise of power would amount to..........
