Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - Validity - Serving officer sought to serve summon of suit on defendant - Defendant not available - Since defendant was not available, therefore, his wife who was residing with him, was sought to be served with notice but she refused to accept notice - Thereafter, copy of notice was affixed on his..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Second Proviso is mandatory in nature - Court not to set aside decree on mere irregularity in service of summons or in case, where defendant had notice of the date as sufficient time was there to appear in the Court - Court not to allow the application in utter disregard of the terms and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Refusal to accept summons in the presence of two witnesses and both the witnesses filed affidavits stating that process server never attempted to serve summons in their presence - In the endorsement of refusal on registered envelope there were cutting and overwriting, hence service not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Averment in complaint that notice was sent by registered post at correct address - A person who does not pay within 15 days of receipt of summons from the Court alongwith copy of complaint cannot obviously contend that there was no proper service of notice by ignoring statutory presumption to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Not only has complainant led evidence but Magistrate prior to issuance of summons has perused all documents and heard arguments - Held, Magistrate has conducted an enquiry prior to issuance of summons as envisaged by S.202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint - It is discretion of Magistrate to try it as a summary trial or summons trial - On transfer of Magistrate in the midst of trial, do novo trial is the only way out when it is tried as a summary trial but not so when it is tried as a summons trial...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 265 -- Dishonour of cheque - Complaint - Not mandatory to be tried summarily - Magistrate is vested with discretion either to follow summary trial or summons trial...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to receive summons - If there is Court endorsement that a party had refused to receive the summon even then, there is no presumption of the correctness of the refusal unless bailiff himself had been examined in Court to speak about the..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326 -- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
