Ranbir Penal Code, 1989, Section 402,406 -- Criminal breach of trust - Allegations that petitioners retained the machinery and other equipments of respondent in garb of procuring services of respondent without any intention to pay for it - Evidence produced therein clearly suggesting the fact of part payment, thus falsifying the plea of respondent - Summons issued to 14..........
Civil Procedure Code, 1908, Order 37, Rule 3(4), Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Ex parte decree - Setting aside of - Summons for judgment in Form 4A in Appendix B was not served on counsel for defendant as contemplated U.O.37.R.3(4) - Court below had posted the case only after 4 days after defendants entered appearance and passed an ex parte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Summons has been duly served upon defendant Nos.1 to 3 - They had knowledge of institution of suit - They did not take any steps in said suit and Defendant No.4 entered appearance but did not contest said suit - Suit was decreed ex parte - Cause shown by defendant cannot be treated as..........
Criminal Procedure Code, 1973, Section 259 -- Conversion of summons trial to warrant - Legality - Issuance of process u/s.204 Cr.P.C. by Court after taking cognizance - Accused seeking conversion of trial for getting opportunity of cross-examination before framing of charge - Accused does not have right to claim to be tried by special procedure or by a particular Court in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 21, Civil Procedure Code, 1908, Section , Order 9, Rule 13 -- Ejectment petition against tenant (State of Haryana) - Tenant cared not to appear and contest petition, despite service of summons - Ex parte eviction order passed - Objection filed by tenant in execution application..........
Civil Procedure Code, 1908, Order 5, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A(3)(a) -- (b) NRI landlord filed petition seeking eviction of tenant on ground of bonafide necessity - Summons issued to tenant received back with report of process server `Refused' - Held, presumption of service of summons cannot be made - After refusal, summons..........
Criminal Procedure Code, 1973, Section 91, 173 -- Summons to produce documents - Complaint u/s 13 of Official Secretes Act - Petitioner moved application u/s 91 Cr.P.C. for summoning of reports/final reports prepared by erstwhile Investigating officer - Prayer in application was not for supply of documents relied upon by prosecution - Application dismissed - Held, accused..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262 - - Dishonour of cheque - Adoption of summons case procedure instead of summary trial - Held, it is incumbent on all Magistrates to commence proceedings in respect of offences u/s.138 of N.I. Act by adopting summary trial procedure contemplated u/s.262 of Cr.P.C. - Adoption of..........
Criminal Procedure Code, 1973, Section 293, 294 -- Accepting report of Forensic Laboratory without compelling author of report to come and depose in Court - Author of report was issued summons and he failed to attend Court - It is nobody's case before court below that report could raise doubt in mind of court and further clarification was required from author - Held,..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Eviction sought on ground of bonafide requirement - Leave to defend - Delay of one day in filing petition for leave to defend - Summons received by agent of tenant and registered AD with signatures also received back by Court - Held, Rent Controller not conferred with power to condone delay even for one day - Leave to..........
