Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Process server tendered summons to wife of defendant, as defendant was not present in the house, but she refused to accept the same upon which he affixed copy of summons on the house - There was no dispute regarding identification of house - House of defendant was well known, happened to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
Value Added Tax -- Assessment order - High Court directed departmental action against appellant with comments regarding competence of appellant to discharge quasi-judicial functions - At time of passing assessment orders, appellant had no other registered address of respondent on record - Therefore, his action of passing ex parte assessment orders could not have been..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
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..........
