Civil Procedure Code, 1908, Order 16, Rule 10 -- Summons to witnesses - Non appearance - Bailable warrants issued - Order to be taken to its logical conclusion which implies that such witnesses should be coerced to appear before trial Court - Held, once bailable warrants are issued to witnesses, evidence of petitioner cannot be closed by order as he was not to take..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Though substituted service is a sufficient service in ordinary circumstances, but before that court must be careful to see that conditions enumerated in O.5.R.20(1) have been strictly compiled with - Unless Court is satisfied that defendant is keeping out of the way for the purpose of avoiding service or..........
Criminal Procedure Code, 1973, Section 91, 243 -- Summons to produce documents from Bank - Defence evidence - Documents in question has come in deposition of PWs - Original documents were not produced by PWs and rather photo copies were produced - Petitioner was not demanding any new document and even if petition was filed after two months of recording the statement u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons admitted - Assurance given by one defendant to the other defendant that he will be duly represented - Not a ground to set aside ex parte decree when defendant proceeded ex parte was aware of the proceedings and he neither took any pains to ensure that he was represented..........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
Service -- Additional Sessions Judge - Termination - Validity - Bar Association passed a resolution against Additional Sessions Judge for not detaining a witness on request of counsel for party to enable him to bring summons for effecting service on him without there being any requisition from Court of Chief Judicial Magistrate - Termination of service by High Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal - Process server did not know defendant personally - Witness who identified defendant not examined - It is quite possible that plaintiff might have procured the report of refusal by presenting somebody else as defendant - No person from the village examined to depict that..........
