Criminal Procedure Code, 1973, Section 190, 196 -- Cognizance of offence - Sanction for prosecution - Offence u/s 295A IPC - Offences u/s 196 Cr.P.C are not only of serious nature but also relate to public peace tranquillity and communal harmony hence, prior sanction of Government is made mandatory - As offence u/s 295A IPC is of such a nature and dmittedly no prior..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Review - Witnesses of the petitioner not present despite the fact that petitioner got their bailable warrants issued - Court shut the evidence of the petitioner without recording findings whether bailable warrants were executed or not - If the witnesses had not come present despite service through bailable warrants, then..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - 30 days - Starting point of limitation - In a case where defendants appears but was proceedings ex parte, the limitation of 30 days starts to run from the date he was proceeded ex parte - However, in a case where summons were not served, limitation starts to run from the date of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Mode of service - Personal service of summons in ordinary way is a rule and substituted service is an exception - Before passing an order for substituted service, Court must be satisfied that conditions stipulated in Order 5 Rule 20 CPC exist - There is presumption that service substituted by the order of the court shall be..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Summons - Publication in newspaper - Contention repelled that notice published in newspaper was not read by defendant - If this justification is allowed, it would dilute effectiveness of O.5.R.20 CPC...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Ejectment petition - Leave to contest - Landlord sought eviction of tenant on ground of bona fide requirement u/s 14(1)(e) and 25-B of the Act - Notice under Section 25-B of the Act served on tenant - Tenant failed to file leave to contest application within statutory period - Tenant contended that summons in relation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65 -- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of `refusal' on summons - Court ordered service of summons through publication in newspaper - Newspaper not having wide circulation in the area where defendants reside - Substituted service through publication can be accepted only when it is proved that newspaper has wide circulation..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Quashing of criminal proceedings - Offence u/ss 420, 120B IPC - Prima facie case for offences u/ss.420, 120B IPC made out - Issuance of summons held, proper - Proceedings cannot be quashed...........
