Civil Procedure Code, 1908, Order 22, Rule 4A -- Recovery suit against unknown heir of deceased - Defendant died prior to institution of suit - Plaintiff stated that deceased was her family friend - No reason why she could not give names of his heirs - Suit filed against unknown heirs of deceased - Not maintainable - Leave craved by plaintiff for taking out fresh summons..........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1, 10 -- Written statement - Extension of time to file beyond 90 days from date of service of summons - Can be granted by Court at its discretion on reasonable grounds and in exceptional circumstances to render substantial justice to parties - Word `Shall' used in the provision not mandatory - Ground for delay stated..........
Criminal Procedure Code, 1973, Section 200, 204 -- Summons - Omission to specify offence and relevant provision of statute in summons - Does not render proceedings void, when those particulars are mentioned in complaint...........
Criminal Procedure Code, 1973, Section 204(2) -- Summons - Issued without list of witnesses - Complainant to file list of witnesses - Complainant if he is the sole witness then he is to file a memo to that effect - Summons be issued afresh after due compliance of the provisions of law...........
Criminal Procedure Code, 1973, Section 223 -- Witness failed to turn up inspite of summons, bailable warrants and non-bailable warrants - Court is not justified in closing defence case - Accused has a right to seek attendance of any witness - Court is enjoined with power of compelling such witness to appear unless Court records reason for turning down claim of accused...........
Criminal Procedure Code, 1973, Section 482 -- Several accused - Quashing of compliant by High Court with regard to those accused who had not approached it - Not justified - Held, if these accused were really aggrieved by issuance of summons against them, they should have approached the High Court and challenged the same in appropriate proceedings - Hence, High Court was..........
Civil Procedure Code, 1908, Section 47 -- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that decree is a nullity in the eye of law..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- As in P&H - Arrears of rent - Failure to deposit admitted rent - Striking off defence - Summons stated only a date of appearance and not date of hearing - Trial Court refused to strike off defence for more than one valid reason - High Court in revision struck off the defence - Held, High Court has no justifiable reason to..........
Criminal Procedure Code, 1973, Section 223, 251, 240 -- Summons case - Recording of evidence against some of the witnesses and summoning of the others is not permissible...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Charge sheet filed - Warrants issued - Held, where warrant is issued in pursuance of filing charge-sheet or issuance of summons and non appearance of the party, the remedy under S.438 is available - However, if accused appears once and absents thereafter then remedy u/s 438 is not available...........
