Negotiable Instruments Act, 1881, Section 138 -- Notice - Claim as to non receipt of - Drawer can still make the payment of cheque amount within 15 days of the receipt of summons and can absolve himself of prosecution u/s 138 of the Act - If drawer does not make payment of cheque amount within 15 days of the receipt of summons then plea of proper service of notice is not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Criminal Procedure Code, 1973, Section 315, 482 -- Defence evidence - Government servant - Summons given to counsel of accused but he was unable to produce him - Prayer for summoning through Court - Trial Court directed to summon witness through SP and to record statement of witness...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Appellant delaying service of summons - Question of sufficient cause can become difficult for Court to decide without recording evidence - Principle of natural justice require that proceedings should not be conducted in absence of parties, unless there are compelling circumstances - Costs can..........
Civil Procedure Code, 1908, Order 5, Rule 12, 15 -- Summons - Service - Attempt should be made to service summons personally on party unless there is an agent empowered to accept service - process server while serving summons on adult member of family in case of absence of party has to take care and caution of noting down name and details of the adult member of family...........
Civil Procedure Code, 1908, Order 9, Rule 17 -- Exparte decree - Setting aside - Summons received under thumb impression - Mere fact that father's name was shown incorrectly whereas her husband's name had been correctly stated in summons - Held, order declining to set aside ex parte decree, upheld...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Discretionary power of Magistrate - Exercise of - Held, Magistrate may dispense with personal attendance of accused only when he issues summons to accused and if he sees reason so to do - The test basically is assurance that court's proceeding would not be hampered by allowing personal..........
Prevention of Food Adulteration Act, 1954, Section 16(A) -- Summoning - Accused was not tried in a summary manner but tried as a summons case - Held, that no prejudice was caused to accused and trial cannot be said to be vitiated...........
Criminal Procedure Code, 1973, Section 167(5) -- Conclusion of investigation within 6 months from the date of arrest of accused - Accused arrested under S.12(1)(b) of Passport Act as he had gone to USA on a forged visa - Offence u/s 12(1)(b) of the Act is an offence triable as summons case i.e. offence punishable with imprisonment not exceeding two years - After arrest of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non service of summons - Correction of entries in Jamabandi - Plaintiff had created false evidence in order to strengthen his claim of ownership and obtained decree in is favour - Gram Panchayat not impleaded as party though defendant against whom decree was obtained was recorded as tenant of..........
