Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Added defendant is deemed to be added from the date of service of summons on him - After the proposed defendants are added, they have a right to agitate the question whether the suit is within limitation as against them or not...........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Leave to defend - Rent petition filed for eviction of respondent from the shop of NRI landlord - Service of summons through Munadi - Application for leave to defend to be filed within 15 days from the date of service - Delay cannot be condoned - Provisions of Limitation Act are not applicable..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, 13A -- NRI landlord - Eviction petition - Leave to defend - 15 days period - Munadi effected - Tenant denying service - Munadi effected at the spot where tenant still carrying on business - Copy of summons of Munadi was affixed on door as per the report of process server - Munadi effected on 1.7.2006 for 7.8.2006 -..........
Criminal Procedure Code, 1973, Section 251 -- Summons case - Discharge of accused - Held, S.251, Cr.P.C. does not empower Magistrate to discharge accused facing trial in summons cases...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance can be granted when summons are issued in a warrant case if warrant of arrest has been against him in course of investigation purportedly under S.73 Cr.P.C. - Issuance of warrant prior to commencement of proceeding u/s 204 Cr.P.C. - Not a legal bar for consideration of application u/s 205..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Where summons are issued at the first instance, whether it may be in summons case or warrant case, application u/s 205 Cr.P.C. can be allowed when (1) accused resides or carries on business at a far off place; (ii) on account of physical reasons; (iii) if insistence of his personal presence,..........
Criminal Procedure Code, 1973, Section 200, 202 -- Jurisdiction and power of revisional Court - Straightway issuance of summons - Rejection of prayer for ordering investigation - Revisional Court could not and ought not to have straightaway ordered issuance of summons to accused persons - Even the initial order by the magistrate to hold inquiry u/s.202(2) Cr.P.C. without..........
Criminal Procedure Code, 1973, Section 258 -- Power to stop proceedings - FIR u/ss 447, 341, 323, 427 IPC - Charge sheet filed - Accused could not be served - Since all the offences were triable as summons case, Magistrate stopped proceedings u/s 258 Cr.P.C. - Thereafter on the application of prosecution, Magistrate reopened the case and issued non bailable warrants..........
Limitation Act, 1963, Article 123 -- Limitation - Starting point - Article 123 Limitation Act is in two parts - In a case where summons have been served upon a party, the first part shall apply - However, in a case where the summons have not been served, the second part shall apply...........
Civil Procedure Code, 1908, Order 37, Rule 3(6)(b), 1(2) -- Summary suit - Summons for judgment - When the summons for Judgment is decided on merits and when defendant is directed to deposit certain amount of money as a condition precedent and is ordered to file written statement subject to compliance of those directions, Court wants that defendant should comply with those..........
