Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Plea that summons not served - Process server proved his report according to which summons of petition was served upon petitioner himself - Signatures of petitioner on summons served upon him for appearance in ejectment petition were duly proved - No suggestion put to process server that he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Summons trial - Findings of civil Court - Held, proceedings u/s 125 Cr.P.C. are summons trial proceedings - Findings of civil court in a matrimonial proceedings is binding on the criminal Court and the criminal Court is not entitled to question the correctness of validity of the civil Court decision...........
Criminal Procedure Code, 1973, Section 251, 254 -- Summons case - Trial - Held, accused person should be made aware of offence(s) alleged against him - In summons case, there is no need to frame formal charge - However, particulars of offence should be brought to notice of accused so that he may not only know offences alleged against him, but most importantly he is given..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Powers of Magistrate - Persons not named in charge-sheet - Summoning of - Held, when Magistrate takes cognizance u/s 190(1)(b) of the Code upon a report made by a police officer, he is not restricted to issue process only to persons charge-sheeted by police - Magistrate is fully empowered to take..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings initiated u/s 12 of the Act - Nature of - Held, merely because jurisdiction to entertain application u/s 12 has been conferred upon Magistrate, the said Act cannot be termed as a penal statute and proceedings under the said Act cannot be treated as criminal proceedings - Power under the Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque not presented within validity period of six months - No offence made out - Summons issued liable to be quashed...........
Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Section , Order 14, Rule 1(5), Civil Procedure Code, 1908, Section , Order 15, Rule 1 -- First hearing of the suit - Meaning - Comes after the framing of issues - The words 'first day of hearing' does not mean the day for the return of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte order/decree - Passing of - Duty of court - Held, court before proceeding ex parte against a defendant must cautiously see the process and report of service of summons and should not formally use the words that defendant was served but was absent - Court shall always be justified by recording cogent reasons in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
