Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Transfer of Property Act, 1882, Section 106 -- Notice - Relationship of landlord and tenant admitted - Held, service of summons in suit for ejectment can always be treated as a valid notice for terminating tenancy u/s 106 of the Act...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Complainant company supplied copper rods to accused company for processing - Accused failed to return entire quantity of copper rods to complainant - High Court at the threshold should not have quashed the complaint and summons - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 251 -- Framing of notice u/s 251 Cr.P.C. - Discharge of accused - Summons case instituted upon complaint - Magistrate is not expected to mechanically frame notice u/s 251 Cr.P.C. and has to apply its mind to find out whether prima facie case is made out or not - However, if no case is made out against accused, Magistrate would be well..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons - Petitioner No.1 not found at spot and his father refused to accept summons on behalf of his son - Held, when petitioner No.1 was not found at spot, Court should have made another effort to effect service on petitioner No.1 so that lis between parties was decided..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - No court shall set aside a decree passed ex-parte merely on the ground that there had been an irregularity in service of summons, if the court was satisfied that defendant had notice of the date of hearing and had sufficient time to appear and answer plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Report of refusal - There is no presumption as to proof of service of summons on a person who had prior knowledge of the pendency of divorce petition in a police station - Even then she needs to be served with the summons to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Statement made by counsel for third respondent that in event of petitioner's making an application for amendment of plaint in pending suit on basis of averments made in summons issued, he would not oppose same - Company Judge recorded same and opined that it is not necessary to grant present Judge's..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ex parte decree - Setting aside - Appeal against order refusing to set aside ex parte decree - Summons were duly served by ordinary post as well as by affixing and by registered post and finally by publication in the newspaper where defendant carries on business - Amount of..........
Civil Procedure Code, 1908, Order 5, Rule 20(1A) - - Summons - Substituted service - Notice is required to be published in daily newspaper circulated in the locality in which defendant is last known to have actually and voluntarily resided or carried on business or personally worked for gain - Held, non publication of notice in the newspaper in a locality where head office..........
