Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Provision of O.5.Rr.17, 19 is mandatory in nature - Procedure for service of summons is required to be followed and in absence thereof there cannot be proper service of summons and if summons is not properly served adjudication on merits and decree passed by Court will be nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 7, 19, Evidence Act, 1872, Section 102 -- Ex parte decree - Setting aside - Valid service of summons - Denial - Burden of proof - It is on the person who affirms that there was a valid service which was refused - Held, it is untenable argument that defendant must put the Court bailiff..........
Civil Procedure Code, 1908, Order 5, Rule 7, 19 -- Service of summons by affixation - Report on an earlier date that defendant was not residing at the given address - Held, on the subsequent date order of service by affixation was uncalled - Held, there was no service of summons on the defendant...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Application of judicious mind - Held, Magistrates while taking cognizance and ordering issue of summons to accused even on a police report is required to apply his judicious mind to contents of charge sheet and form an opinion whether, it prima facie makes out a case for all or any of the offences..........
Punjab Land Revenue Act, 1887, Section 111, 20(3) -- Partition - Service of summon - Held, personal service in partition proceedings is sine qua non and in case of refusal, summons may be served by pasting copy thereof on outer door of house of person to whom it is addressed...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - Adult female members of defendant refused to receive summons - Conclusion can be drawn that summons are served on defendant in view of O.5.R.15 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Criminal Procedure Code, 1973, Section 209, 193 -- Cognizance of offence - Held, cognizance of offence can only be taken once - In event, a Magistrate takes cognizance of offence and then commits case to Court of Session, question of taking fresh cognizance of offence and, thereafter, proceed to issue summons, is not in accordance with law - If cognizance is to be taken of..........
Civil Procedure Code, 1908, Order 16, Rule 10, Civil Procedure Code, 1908, Order 18, Rule 4 -- Warrant of arrest of a witness - Affidavit of chief-examination of witness filed - Witness deliberately evading summons and appearance before Court - Court may issue proclamation, warrant or warrant without proclamation at its discretion by following the procedure envisaged..........
Criminal Procedure Code, 1973, Section 223, 477 -- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy process - Rejection of..........
