Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise power at any stage of the suit i.e. before registering the plaint or after issuing summons to the defendant or at any time before the conclusion of trial - For the purposes of deciding an application U.O.7.R.11 averments in the plaint are germane - Pleas taken by defendant in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - Service of summons by substituted service by publication in newspaper - Such service not due service in view of Explanation to Art.123 Limitation Act - Application filed within 30 days from date of..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Summons - Refusal to accept - Does not amount to due service unless a copy of summons is affixed on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business...........
Indian Penal Code, 1860, Section 406, 409, 420, 417, Criminal Procedure Code, 1973, Section 204, 190(1)(a), 178 -- Jurisdiction - Complaint u/ss 406, 409, 420 & 417 IPC filed in Court at place 'R' alleging accused resident of place 'A' issued cheques at place 'A' and also made statement at place 'A' - No part of cause of action arose with the jurisdiction of Court at place..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Grant of extension of time beyond 30 days is not automatic - It should be exercised with caution and for adequate reasons - Extension of time beyond 90 days of service of summons must be granted only based on a clear satisfaction of the justification for granting such extension -..........
Civil Procedure Code, 1908, Order 37, Rule 3, 4 -- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before the date given in summons,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Criminal Procedure Code, 1973, Section 315, 482 -- Defence evidence - Government servant - Summons given to counsel of accused but he was unable to produce him - Prayer for summoning through Court - Trial Court directed to summon witness through SP and to record statement of witness...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellant delaying service of summons - Question of sufficient cause can become difficult for Court to decide without recording evidence - Principle of natural justice require that proceedings should not be conducted in absence of parties, unless there are compelling circumstances - Costs can..........
Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Summons - Service - Attempt should be made to service summons personally on party unless there is an agent empowered to accept service - process server while serving summons on adult member of family in case of absence of party has to take care and caution of noting down name and details of the adult member of family...........
