Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - Effecting service through an adult member of family is an accepted mode of service provided party resides at that address and there is no likelihood of his being found within a reasonable time...........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 207, 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44 -- Protected witnesses - Supply of copies of redacted statements of these protected witnesses - Trial Court passed the order permitting redaction of address and particulars of witnesses which could disclose their identities and other relevant paras in the statements..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not be served as he left the village - Since plaintiff could not get any other address, therefore he applied for effecting service through munadi at the place where property is situated - Munadi was conducted - Thereafter, defendant was proceed ex parte - No fault could be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not residing at the address provided by plaintiff - Report of summons was false - Defendant was not duly served - Ex parte decree rightly set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Agreement to sell -- Suit for specific performance - Defendant remained ex parte - Court in a suit for specific performance must address the mandate u/ss 16 & 20 of Specific Relief Act, 1963, even when defendant remained ex parte or absent...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant no.1 specifically stated that she happens to be a resident of Canada and plaintiff had not given her correct address of country, resultantly she was never served in that case - There is not much delay in filing application for setting aside ex parte decree - Ex parte decree rightly..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant was not residing at given address where summons were served - However, nowhere in application it has been averred that defendant had shifted to which place - Application was supported by affidavit of defendant showing same address as in summon - No sufficient cause has been shown by..........
