Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere irregularity in the service of summons..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal on summons - Report of refusal on notice sent by registered post - Service of summons through publication in newspaper - No plea of fraud between appellant and postman - Postman not examined - Not a plea that newspaper in which notice was published did not have a wide..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 27 -- Quashing of order - Cognizance of offence and issuance of summons - Offence u/ss 302, 307, 147, 148, 149 IPC and S.27 Arms Act - Post-mortem report shows that death had occurred due to the reason that the deceased had received fire arm injury..........
Criminal Procedure Code, 1973, Section 205, 331 -- Exemption from personal appearance of accused - Discretion of Judge issuing summons to dispense with the rigour of personal presence and permit to be represented by pleader...........
Criminal Procedure Code, 1973, Section 205(2) -- Cancellation of order granting exemption - S.205(2) does not require Magistrate to issue summons to accused after cancellation of order granting exemption...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex parte decree - Irregularity in service of summons - Held, if the party had notice of date of hearing, it is irrelevant whether service of summons was effected or not - In such circumstances, ex parte decree cannot be set aside even if it is established that there was irregularity in service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Unserved defendants - Deposit of amount for publication - Effect thereof - Held, mere deposit of amount for service by publication by plaintiff will not give a right to plaintiff-petitioner for all times to come to claim issuance of summons against unserved defendants as provisions of O.9.R.5 CPC disentitles a plaintiff to..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred rights at..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside ex parte decree - Ex-parte decree obtained against minor or person of unsound mind, who was not represented through his next friend or duly appointed guardian - Held, such a decree is a nullity - Ex-parte decree procured against lunatic by effecting summons through substituted service - Remedy U.O.9.R.13 CPC not..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Ex parte decree - Setting aside - Service of summons on adult son of defendant - No reason given as to why summons was served upon son and not upon the defendant - Service of summons on adult member of family pre-supposes long absence - In case of service of summons on adult..........
