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Start Free TrialCode of Civil Procedure, 1908 Rule 9 to 30
Title: Service of Summons
State: Central
Year: 1908
.....pre-paid and duly sent by registered post acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that me acknowledgment having been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of issue of summons. (6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for the purposes of sub-rule (1). 9A. Summons given to the plaintiff for service (1) The Court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service. (2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) of rule 9. (3) The.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 8
Title: Issue of Summons
State: Central
Year: 1908
.....documents relied on by him The summons to appeal and answer shall order the defendant to produce 4 [all documents or copies thereof specified in rule 1A of Order VIII] in his possession or power upon which he intends to rely in support of his case. 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. ______________________ < such to sent or delivered be may letter the service, accept empowered agent an has defendant where and, fit; thinks Court which manner other any in Court, by selected messenger special a post substituted so A 3)> 1. Substituted by act 22 of 2002, section. 6(i), for sub-rule (1) (w.e.f. 01.07.2002) [as substituted by clause (i) of section 15 of Act 46 of 1999]. Earlier sub-rule (1) was amended by Act 104 of 1976, section 55(i) (w.e.f. 01.02.1977). 2. Substituted by Act 46 of 1999, section.15(ii), for rule 2 (w.e.f. 1-7-2002). 3. Substituted by Act 46 of 1999, section. 15(iii), for.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 20
Title: Trial of Summons-cases by Magistrates
State: Central
Year: 1973
.....to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. Section 256 - Non-appearance or death of complainant (1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 37C
Title: Service of Decisions, Orders, Summons, Etc.
State: Central
Year: 1944
.....or sending it by registered post with acknowledgement due, to the person for whom it is intended or his authorised agent, if any; (b) if the decision, order, summons or notice cannot be served in the manner provided in clause (a), by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of business or usual place of residence of the person for whom such decision, order, summons or notice, as the case may be, is intended; (c) if the decision, order, summons or notice cannot be served in the manner provided in clauses (a) and (b), by affixing a copy thereof on the notice board of the officer or authority who or which passed such decision or order or issued such summons or notice. (2) Every decision or order passed or any summons or notice issued under this Act or the rules made thereunder, shall be deemed to have been served on the date on which the decision, order, summons or notice is tendered or delivered by post or a copy thereof is affixed in the manner provided in sub-section (1).]
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 69
Title: Service of Summons on Witness by Post
State: Central
Year: 1973
.....or carries on business or personally works for gain. (2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: In section 69,-- (a) in sub-section (1), after the words "to be served by registered post" the words "or of the substance thereof to be served by wireless message" shall be inserted. (b) in sub-section (2), for the words "that the witness refused to take delivery of the summons" the words "or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be" shall be substituted. ________________________ 1. Vide Regulation 6 of 1977, section 2 (w.e.f. 17-1-1977).
View Complete Act List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Section 29
Title: Contents of Summons and the Manner in Which It Has to Beissued and Served
State: Karnataka
Year: 1964
.....person summoned ordinarily resides or last resided. (3) If the ordinary residence of the person summoned be in any otherdistrict, the summons may be sent by post to the Deputy Commissioner of that district, who shall cause it to be served in accordance with subsection (2). (4) Notwithstanding anything contained in sub-section (2) or (3), aRevenue Court may either on its own motion or on the application of a party, either in the first instance or when summons last issued is returned unserved, direct the service of summons by registered post pre--paid for acknowledgment. The postal acknowledgment purporting to contain the signature of the person summoned may be deemed to be prima facie proof of sufficient service of the summons on the person summoned on the day on which it purports to have been signed by him. If the postal cover is returned unserved, any endorsement purporting to have been made thereon by the delivery peon or other employee or officer of the Postal Department shall be prima facie evidence of the statements contained in such endorsement.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 173
Title: Preventing Service of Summons or Other Proceeding, or Preventing Publication Thereof
State: Central
Year: 1860
.....authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or1[to produce a document or electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. _______________________ 1. Substituted by Act 21 of 2000, section 91 and Schedule I, for "to produce a document in a Court of Justice" (w.e.f. 17-10-2000).
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 144
Title: Mode of Service of Summons
State: Central
Year: 1881
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), and for the purposes of this Chapter, a Magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works; for gain, by speed post or by such courier services as are approved by a Court of Session. (2) Where an acknowledgment purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons has been received, the Court issuing the summons may declare that the summons has been duly served.
View Complete Act List Judgments citing this sectionStage-carriages Act, 1861 Section 14
Title: Issue of Summons
State: Central
Year: 1861
Whenever any charge is made before any Magistrate of any offence under this Act on which it is necessary to issue a summons to the proprietor of a stage-carriage, the Magistrate shall issue such summons directed to such proprietor or his nearest agent, and may transmit such summons by letter-post, which shall be deemed to be good service thereof. The letter shall be registered at the post-office and the cost of the registration shall be borne by the Government in the first instance, but may be charged as costs in the case. The summons shall allow a reasonable time, in reference to the distance to which the summons is sent, for the appearance of such proprietor or his agent as aforesaid.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 62
Title: Summons How Served
State: Central
Year: 1973
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.
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