Criminal Procedure Code, 1973, Section 200, 204 -- Private complaint - In addition to summons already issued, Magistrate issuing non bailable warrants and also advancing date for appearance - No reasons assigned - Issuance of non bailable warrants without valid reasons set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of witness - Rejection of application - Legality of - Memo filed by petitioner was rejected earlier - Admittedly, at that point of time, petitioner has filed a mere memo indicating the list of witnesses to whom summons have been issued - Thereafter, records have been summoned and based on..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte eviction order - Setting aside - Substituted service allowed as premises found locked - Plea of tenant that as premises were locked as such summons sent at this address cannot be considered duly served - However, tenant in reply to notice specifically denied the allegation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex-parte decree - Setting aside - Plea of fraud and condonation of delay - Plea of appellant that some advocate presented vakalatnama on his behalf without his authority and knowledge - Non-service of summons to appellant - Considering that appellant got knowledge of decree very late - Delay..........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 16, Rule 1 -- Adjournment sought for production of evidence on some other date - Petitioner undertook to produce and examine his entire evidence on any two consecutive dates and official witness to be served dasti, if need so arises - Petitioner took dasti summons to Ludhiana and Khanna for..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Reply to application for temporary injunction - Can be treated as written statement provided the reply i filed within 90 days of the date of service of summons...........
Civil Procedure Code, 1908, Section 148A -- Caveat - Application registered and a summons sent on the basis of a Caveat application, treating it to be an independent proceedings - Held, such is not the scope of a Caveat u/s 148-A CPC...........
Criminal Procedure Code, 1973, Section 65 -- Summons - Service through paper publication - Service of summons has to be effected as per Ss.62, 63 & 64 - Service if cannot be effected as such then it can be by affixing summons to some conspicuous part of the house where the person summoned ordinarily resides or by paper publication...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263, 326 -- Dishonour of cheque - U/s 143 of the Negotiable Instruments Act the word used `may' leaves option open for Magistrate to chose whether case is to be tried summarily or as a summons case - However, such option is not open for matter under the Indian Penal Code which are..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication in newspaper - Summons sent through registered cover received back with the report that address is incomplete - Correct address not provided - Instead of filing correct address an application U.O.5.R.20 CPC..........
