Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Telegram - There is no presumption of service available on the basis of receipt of telegram only - Ex parte divorce decree set aside...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Service of summons - Registered notice received back with endorsement 'not found' - Dasti notice not found to be served by `nishan dehi' - Service of summons on the basis of telegram is not available - Service by affixation highly suspicious -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Case pending in Court within jurisdiction of another High Court - Non bailable warrants issued as accused failed to appear inspite of service of summons - Court within whose jurisdiction accused resides can grant transit bail - Transit bail allowed...........
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 - Service of summons through substituted service by publication of notice in newspaper - Limitation - Starts to run from the date of knowledge of ex parte decree and not from the date of passing of the decree -..........
Civil Procedure Code, 1908, Order 6, Rule 4A -- Pleadings - Requirement of giving correct address and age - Required for speedy disposal of cases - Order not to pass judicial order or issue summons before compliance of that requirement - Proper...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Service of summons - Adult members of the family available to accept notice refused to accept service and also failed to divulge the address of the tenant - It amounts to refusal of service - Exparte decree upheld...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service of summons by publication in a newspaper - Report on summons that tenant working as Munim elsewhere and that adult members of family of tenant refused to divulge his address - Held, the only way left to serve the tenant was to serve him by publication of a notice in the newspaper in circulation..........
Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Summons - Corporation - Service of summons on employee of defendant who was not authorised to receive it - It does not amount to valid service of summons...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Tenant not appearing despite service of summons by registered post and through process server - Tenant proceeded exparte and exparte eviction order passed - Application to set aside ex parte order dismissed and tenant did not file any appeal - High Court in such a situation cannot set aside ex parte order..........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
