Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave even without notice to opposite party - But it is desirable to give notice and hear other party and give them an opportunity to controvert allegations before leave is granted...........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at the preliminary stage - Application for amendment filed at the very inception - Reliefs as prayed for pertain to same property and parties to dispute are also same - As regarding objection of non-serving of notice in terms of S.304 of Rajasthan municipalities Act, same can be raised by..........
Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
