Criminal Procedure Code, 1973, Section 482, 202 -- Order of summons - Quashing of - Accused, Member of Parliament, allegedly made defamatory statements against complainant in a rally and same was published in newspapers by other accused persons - Since, newspapers are circulated at different places therefore Courts of all those places shall have jurisdiction - Order of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
Prevention of Corruption Act, 1988, Section 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Order taking cognizance - Allegations made in charge sheet and material produced in support thereof, prima facie disclose ingredients of offences alleged against accused - At the stage of issuing summons, Court..........
Civil Procedure Code, 1908, Order 9, Rule 13, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Exparte decree - Setting aside - Eviction petition - In proceedings U.O.9.R.13 CPC, Court is required to examine as to whether petitioner has fulfilled requirements of O.9.R.13 CPC which require party to satisfy Court that either summons were not duly served..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Accused is a student and was helping his father in his family business and also he was pursuing his study, he was not at home and therefore, he could not be served and further that summons issued to him have not been received by him and anyone else in his family and neither he had..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off - Written statement filed after 120 days - However, summons were never issued by Court - Defendant thus, was never served with summons - It cannot be held that defendant was deemed served on 18.10.19 with summons of suit and as such written statement which was tendered on 5.3.20 was beyond time..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Criminal Procedure Code, 1973, Section 259 -- Converting summons case to warrant case - Magistrate has got jurisdiction to convert summons case to a warrant case and can proceed after that following Ss.244 to 247 Cr.P.C - No de novo trial is necessary...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Mere filing of a petition u/s 482 Cr.P.C is not sufficient in and of itself to obviate compliance with a summons u/s 41-A Cr.P.C...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Power u/s 41-A Cr.P.C is not to be used to intimidate, threaten and harass...........
