Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons - Mention of pendency of suit in written statement filed in another case against husband of one of the petitioners - Does not amount to be sufficient service of notice on the petitioner...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons - Notice sent through Advocate Commissioner who recorded refusal but two witnesses recorded on report were inimical to defendant - Limitation to file application begins to run from date of knowledge of passing of exparte decree - Courts should adopt liberal approach in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 235 -- Dishonour of cheque - Sentence - Quantum - In summons case, no separate opportunity of hearing on the question of sentence is required to be given to the accused...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Plea that defendant was not served with summons for judgment - Trial Court holding that once the summons in substituted form is served then there is no need to issue summons for judgment - O.37.R.3 prescribes that defendant should file appearance within ten days of service of first summons,..........
Criminal Procedure Code, 1973, Section 73 -- Non bailable warrants - Reasons for non service of summons should be recorded - No satisfactory evidence that police had taken effective steps to make arrest or to serve summons - Without following the procedure prescribed under Cr.P.C. the issuance of non-bailable warrants has to be deprecated...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of, within 30 days of service of summons and within the extended time falling within 90 days - Nature of provision is procedural - A procedural law should not ordinarily be construed as mandatory...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Summons for judgment - To be served on defendant even if he appears more than 10 days after service of suit summons provided an exparte decree is not passed by the date of such appearance...........
Evidence Act, 1872, Section 114 -- Illus.(e) - Refusal to accept summons and order of injunction - Report of process server - There is presumption regarding regularity of official acts...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 10 years - Condonation - Defendant failed to appear despite service of summons - No reason shown for not appearing in the case despite service of summons - Sufficient cause for delay not shown - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - It is not a case instituted otherwise than on complaint - Provisions of S.258 not attracted...........
