Criminal Procedure Code, 1973, Section 256(1) -- Person appearing in Court in obedience of summons but does not deserve to be prosecuted on basis of a defective complaint or for some other strong reason - He should be acquitted at earliest stage of case, if complainant is absent...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - 30 days - Starting point is date of decree - However, in case summons or notice is not duly served then it is from the date of knowledge of the decree...........
Evidence Act, 1872, Section 44 -- Decree - Setting aside on ground of fraud - The only issue for decision is whether the decree was procured by fraud - Mere non service of summons does not constitute fraud - However decree will be set aside if it is proved to have been obtained by fraudulent suppression of summons - A prior judgment cannot be upset on a mere general..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Exparte decree - Setting aside - Substituted service - Summons returned unserved due to wrong address - Correct address not furnished - Court ordered substituted service on being made to believe by filing affidavit that defendant could not be served despite various efforts made -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - In case there is due service limitation to file application to set aside exparte decree is 30 days from the date of decree - In case summons or notice was not duly served then limitation is 30 days of knowledge of the decree...........
Criminal Procedure Code, 1973, Section 482, 173, 156 -- Charge sheet submitted wherein some of the accused found not involved in the case - While taking cognizance summons also ordered to be issued against those accused - Nothing in the order taking cognizance that Court disagreed with the opinion of the Investigating Agency and therefore ordered issuance of summons - Name..........
Customs Act, 1962, Section 108 -- Summons - A person can appear without summons before the Customs Officer and can give a statement - Issuance of summons before examination of a person is not mandatory...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - To father of party on his correct address when party is out of country - Squarely falls within the safeguards of Rule 15 of Order 5 CPC and thus has to be treated as a valid service...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 7, Rule 14 -- Written statement - Suit based on document - Failure of plaintiff to furnish copies of documents to defendants inspite of Court order - Held, time had stopped running against defendant - Court should have accepted written statement instead of penalising him though it was filed..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation for appearance before Court - Summons issued - When summons returned unserved Court did not issue any warrant to arrest accused through concerned police - Order issuing proclamation, improper - Proclamation could only be issued after warrant is returned...........
