Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - To prove the effective service of notice upon defendant U.O.5.R.17 CPC, Process Server/Court Amin has to verify the return of summon by filing his personal affidavit as enunciated U.O.5.R.19 CPC - Return of summon in case not verified by the affidavit of Serving Officer - Court shall examine him on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Nothing on record to demonstrate that Court Amin has made any endevaour with due and reasonable diligence to find out defendant - Simple statement of wife of defendant on the first date of visit of Process Server, wherein wife has refused to accept the notice and shown..........
Criminal Procedure Code, 1973, Section 397, 372 -- Conversion of revision into appeal - Order of acquittal - Appeal u/s 372 Proviso Cr.P.C can be preferred against judgment of acquittal only if such judgment was passed on or after 31.12.2009 i.e when Proviso to S.372 Cr.P.C has come into force - In the instant case, since offence has been committed prior to 31.12.2009 and..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Forged sale deed - Trial Court itself examined the thumb impression of vendor on sale deed and after discussing the evidence on record acquitted the accused - Suit filed by vendor for cancellation of sale deed was dismissed by Civil Court - There is no illegality, irregularity or impropriety in impugned orders of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Principal amount under the decree already paid - Only dispute is with regard to amount of interest - Defendants are in a precarious financial position, whereas DHs have been granted relief by Court - Principal amount stands..........
Indian Penal Code, 1860, Section 448, 504, 506 -- House trespass - Father who had valid visitation right to meet his daughter, entered garbage van and met daughter - This is dubbed by wife to be a criminal trespass into the house with a criminal intent to intimidate daughter - No offence is made out against accused - Proceedings quashed...........
