Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 88 -- Accused appeared in pursuance to the summons - There is no need to call upon the accused to furnish security for his enlargement...........
Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 9, Rule 13 -- Service of summons - Party avoiding service - O.5.R.20 applies - Without compliance of provisions of O.5.R.20 the applicant cannot be deemed to have been served and as such could not have been proceeded against ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114 -- Summons - Sent as per registered post - Returned with postal endorsement `Refused' - Application for summoning postman - Without calling the postman the finding cannot be recorded that the report of postman is correct - It may be that the postman was right in his report but when a specific..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Food Adulteration Act, 1954, Sections 7/16 - Quashing of complaint - Whether the proceedings pending before the learned trial court are liable to be quashed because of inordinate delay of the pending proceedings coupled with the orders passed changing the procedure for warrants to summons case after years of trial..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- 'Appearance' - The object can be served either by filing a power of attorney by the lawyer of the defendant or the defendant simply appearing before the Court within the stipulated period often days informing the Court even orally that he is present in response to the summons received...........
Civil Procedure Code, 1908, Order 5, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- Second Proviso - Service of summons - Report of process server that defendant had gone out and he tried to serve the summon on the wife of the defendant who refused and hence he affixed the summons on the outer door of the house in the presence of two witnesses - Process server..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Limitation - In cases where summons are served the period of limitation starts from the date of decree and knowledge of party is immaterial...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Applicant must satisfy the Court that summons were not duly served or he was prevented by any special cause from appearing when the suit was called for hearing - Mere production of medical certificate - Not sufficient to prove illness...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Summons to be served personally and in case the defendant refuses to accept service or cannot be found then summons to be affixed on the outer door or some other conspicuous part of the house where the defendant ordinarily resides or carry on his business or personally works for gain - In the instant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons - Petitioner informed about the pendency of suit - That does not absolve the Court of performing its duties...........
