Service -- Additional Sessions Judge - Termination - Validity - Bar Association passed a resolution against Additional Sessions Judge for not detaining a witness on request of counsel for party to enable him to bring summons for effecting service on him without there being any requisition from Court of Chief Judicial Magistrate - Termination of service by High Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal - Process server did not know defendant personally - Witness who identified defendant not examined - It is quite possible that plaintiff might have procured the report of refusal by presenting somebody else as defendant - No person from the village examined to depict that..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of ASI who recorded dying declaration - Expalanton given was that attendance of ASI could not be secured inspite of summons issued and letters written to S.P. - Held, this is not a convincing explanation...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Order of substituted service without recoding necessary satisfaction that defendants were getting out of the way for the purpose of avoiding service or that for any other reason, summons could not be served in the ordinary..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court proceeded with suit ex parte with undue haste and without verifying record as to whether defendant was properly served or not - Summons not duly served upon defendant and there was sufficient cause which prevented defendant from appearing when suit was called on for hearing - Ex..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Conversion of summary proceedings to summons proceedings - Cannot be made passively in silence - There must be a specific order indicating the switching over of summary trial to summons trial...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Trial Court can exercise power to reject the plaint at any stage of suit even before registering the plaint or after issuing summons to the defendant or at any time before conclusion of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary or summons trial - Evidence recorded word by word and not in the form of notes or substance - Procedure prescribed for summons case was thus followed - Disposal of case by successor Magistrate would not vitiate trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 263, 264 -- Dishonour of cheque - Summary or summons trial - Magistrate has to take a decision either at commencement or in course of trial...........
Criminal Procedure Code, 1973, Section 204 -- Complaint case - Securing attendance of accused - Procedure to be adopted - Court in all circumstances at first instance should first prefer issuing summons or bailable warrant failing which a no, bailable warrant should be issued to have desired result...........
