Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No sufficient cause shown for setting aside the exparte judgment and decree - A party served with summons at the commencement of the hearing of the suit is not required to be served with subsequent notice, which was necessitated because that party has chosen to stay away from the hearings..........
Criminal Procedure Code, 1973, Section 62, 311 - - Summoning of witnesses - Dasti - Prosecution had received dasti summons for its witnesses and notwithstanding it did not produce its witnesses - Plea that State would be able to fill in loopholes if allowed examination of witnesses after closure of arguments - Held, Chapter II Part I of the Civil Court Rules framed by the..........
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..........
