Civil Procedure Code, 1908, Section 27 -- As amended - 'On such day not beyond thirty days from the date of the institution of the suit' - Meaning - It fixes outer time frame i.e. steps must be taken within thirty days from the date of the institution of the suit, to issue summons - Correct address and process fee must be filed in the Court within thirty days so that..........
Indian Penal Code, 1860, Section 504 -- To constitute an offence u/s 504 IPC there has to be an intention to insult a person by uttering abuses - Failure in quoting those abuses would lead to conclusion that no offence has been prima facie made out - Mechanical acceptance of police report and issuance of summons to accused had resulted in miscarriage of justice -..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Summons - Service by registered post - AD not received back - Summons if properly addressed, pre-paid and sent by registered post there is presumption of due service - However, presumption is rebuttable by convincing and cogent evidence...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons by substituted service - Notice sent by ordinary process and by registered post - Not returned unserved - Order for substituted service - Held, Court's satisfaction that defendant is avoiding service or service cannot be effected in an ordinary way is implicit in the order directing service by publication...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Summons - Service by substituted service - Notice ordered to be published in daily `Dainik Bhaskar' but published in daily `Aacharan' - `Aacharan' widely circulated in the area - Publication of notice in `Aacharan' is a mere irregularity and an exparte decree cannot be set aside..........
Criminal Procedure Code, 1973, Section 305 -- Dispensing with personal appearance of accused in a summons case - It is judicial discretion of Magistrate to dispense with personal attendance of accused either throughout or at a particular stage if personal appearance would cause serious difficulties and inconvenience and comparative advantage would not overweigh..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Failure to attend despite service of summons - A single absence in spite of service need not necessarily lead to an inference that the witness has failed to attend without lawful excuse - There is no bar to issue summons to the witness for the second time...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Where Court is satisfied that there was no service of summons and that party was not aware of suit proceedings and decree passed therein, it is open to Court to set aside ex parte decree...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 64, 65 -- Summons - Service - Case dismissed for non payment of registered postal charges - There is no procedure for issuance of process to an accused by post - If service of summons is not fruitful then Court can issue bailable or non-bailable warrant of arrest - Order as to payment..........
Civil Procedure Code, 1908, Order 9, Rule 13, 6 -- Summons - Service - Refusal - Witness - Endorsement on summons shows that there was no witness available on the spot - Defendant runs a shop and the shop will be situated in a locality where there are other shops and houses - To say that there were no witnesses available on the spot is unbelievable - Defendant deposed on..........
