Criminal Procedure Code, 1973, Section 254, Indian Penal Code, 1860, Section 188, 427 -- Summon case - Discharge of accused - Legality of - Held, both offences punishable u/ss 188 and 427 IPC are offences for which appropriate trial can only be summons trial, in which case there is no question of framing charge - If so, there is no question of discharging accused also - In..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of exparte decree - However, in case summons were duly served then limitation starts to run from the date of exparte decree - Application filed beyond period of limitation - Condonation of delay..........
Criminal Procedure Code, 1973, Section 256 -- Ingredients of the provision of S.256(1) Cr.P.C. are : (i) that summons must have been issued on a complaint, (ii) the Magistrate should be of the opinion that for some reasons, it is not proper to adjourn the hearing of the case to some other date; and (iii) the date on which the order u/s 256(1) can be passed is the day..........
Criminal Procedure Code, 1973, Section 71, 87, 89 -- Non bailable warrants - When to be issued by Magistrate - Petitioners appearing in person on all dates - On one date they were not present as date was wrongly noted - Counsel was out of station - Magistrate issued non bailable warrants against them - Held, that Court should take into consideration the important aspects..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleading of a defendant - If any defendant is impleaded subsequently proceedings as against him shall be deemed to have begun only from the date of service of summons...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond period of 90 days from the date of service of summons - Provision is not mandatory but directory - Written statement can be accepted even after expiry of 90 days from the date of service of summons in exceptionally hard cases...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by process server - Defendant when denies his signatures then testimony of process server alone that it is signatures of defendant is not sufficient - It is imperative for plaintiff to examine some other witness who had witnessed the service made by process server - Exparte..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by process server - Signatures denied - Once defendant denies his signatures on summons then he cannot be burdened to say as to whose signature it is - Once defendant denies his signatures then it is for plaintiff to prove the same...........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Punjab Land Revenue Act, 1887, Section 20 -- Partition case filed before Tehsildar - Case decided ex parte against petitioner - Ex parte order confirmed in appeal as well in revision - Petitioner impugned order rendered in appeal as well as in revision by way of writ petition - It was not the case set up by petitioner that procedure as envisaged u/s 20 of the Act for..........
