Criminal Procedure Code, 1973, Section 241 -- Plea of guilt - Conviction - Legality - Summons were ordered to be issued to accused on same date when charge-sheet was filed - Accused persons remained present on same date, filed their vakalatnama and court recorded their plea, wherein they pleaded guilty and impugned order was also passed on same date - Held, sequence of..........
Industrial Disputes (Punjab) Rules, 1958, Rule 18, 20 -- Service of summons - Substituted service - Bailiff who sought to effect service at the Church reported to have served the summons on a person working at the Church and since he misbehave and abused the bailiff, the service could not be personally effected and he affixed the summons on the door of the church - The..........
Motor Vehicles Act, 1988, Section 206(2) -- Seizure of driving licence - Police can seize driving licence when there is apprehension of absconding or that that person will avoid service of summons - Seized driving licence has to be produced before Magistrate - Magistrate is bound to return the licence to said person, on production of the acknowledgment given to him by the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Criminal Procedure Code, 1973, Section 313(1)(b) -- Exemption from personal appearance at the stage of examination u/s 313 Cr.P.C. - In a summons case, where the Court has dispensed with personal attendance of the accused, it may also dispense with his examination under clause (b)...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Summons - Magistrate may direct that respondent may appear either personally or through a duly authorized advocate - Personal appearance of respondent is not a must unless Magistrate finds it expedient at any certain occasion...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served or the person was prevented..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Refusal to accept service of summons - Bailable warrants issued - Witness still not present - Non bailable warrants issued - Report of refusal of non bailable warrants - Court instead of initiating action with regard to the attachment of his property ordered closure of evidence - Impugned order set aside - Trial..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Door found locked twice by postal authorities - Substituted service cannot be ordered merely on the ground that premises were found locked at a given point of time without going in for proper verification that premises was locked with the object of avoiding service of summons...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered only when Court is satisfied that either the defendant is purposefully avoiding receipt of summons or having regard to the facts of the case it is not possible to serve the notice - Substituted service cannot be ordered merely on the ground that premises was found locked by postal..........
