Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons effected on wife - Summons can be served on any adult member of the family provided at the time of service the defendant is absent from his residence - Before effecting any such service he is required to make an effort to find out the defendant so as to serve him personally - In the instant case process..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Non service of summons - Delay in filing application - Condonation of - No service was effected on petitioner - He did not have knowledge of pendency of suit - Held, application for condoning delay in filing application as also application U.O.9.R.13 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by..........
Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340 -- Summons for production of documents - SP Vigilance conducting investigation - Summons for..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - On rent deed with summons served - Court should first examine such party and confront his signatures on the summons and if the party admits the same, then only such signatures can be compared with the disputed signatures...........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Notice - In demand notice name of petitioner/accused was mentioned as "Dinesh Goyal" instead of "Dinesh Chand Goyal" - Plea that since the correct name of petitioner/accused was not mentioned in demand notice, therefore, service of demand notice can not be said to be valid - Held, when being summoned..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order of eviction - Setting aside - Summons received back with report of refusal - Substitute mode of service adopted - Petitioner was duly served through Munadi and affixation for the date fixed - Non appeared - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 2 -- Exparte decree - Setting aside - Non supply of copy of plaint alongwith summons - Only an irregularity - Ex parte decree cannot be set aside on this ground...........
