Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appellants not appeared before trial Court even after service through Registered AD - Registered AD notice was personally sent to appellant no.1 which was personally served on him - Registered notice sent to appellant No.2 bears the signature of one `S' but no document submitted that `S' as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Once a notice has been issued and served upon a partner, it would be deemed to be a notice to firm as well...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Merely because appeal against decree sought to be executed is pending is no ground to stay its execution - Objections rejected - Warrants of possession and notice U.O.21.R.37 CPC was rightly ordered to be served upon JD...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Interim compensation - No opportunity was granted to accused to file his response before passing of interim compensation of 20% of cheque amount, despite the fact that he had not pleaded guilty of notice of accusation served upon him u/s 138 of N.I. Act - There is no application of mind by trial..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Not considered duly served and fresh notice was ordered - On the next date of hearing defendant was proceeded ex parte on the basis that on earlier date of appearance the notice was received back with an endorsement of refusal to accept - Do novo ex parte proceedings..........
