Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - When defendant absent service of summons may be made on any adult member of family - Bombay amendment that in such an event service may be made on adult male member of family - Bombay amendment inconsistent with O.5.R.15 CPC - Hence deserves to be ignored...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons - By substituted service - Does not mean that service in the normal mode was not proper or correct...........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
Criminal Procedure Code, 1973, Section 70, 71, 476 -- Failure to appear on date fixed - Non bailable warrants issued in a bailable offence - Accused a practicing advocate - Having regard to the nature of offence and stature of accused in society and fact that he was regularly attending court proceedings, it was not a fit case for issuance of non bailable warrants -..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Dasti summons - Prosecution is given liberty to serve summons through agency of police then same facility cannot be denied to accused - Court cannot compel defence to obtain dasti summons from the Court and serve the same themselves - When an application for summoning is moved either by the prosecution or by..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Long list of 19 witnesses - Not disclosed as to what fact, each of them is supposed to depose - Before issuing summons to defence witnesses, trial Court has to ensure that witnesses so summoned are relevant for disposal of the case...........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no right of hearing at this stage -..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Summoning order - Quashing of - There is no reference of demand notice dated 07.05.2002 in complaint - Only a photostat copy of said notice has been filed by revisionist - Only reference of second notice dated 21.08.2002 has been mentioned in complaint - Held, complainant cannot rely on second..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Issuance of process - Hearing of accused - Not necessary - Held, since trial for offence punishable u/s.138 of N.I. Act is triable as a summons case or summary case, therefore, no hearing is necessary for accused at preliminary stage i.e. at stage prior to issuance of process...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised about the figure/amount also -..........
