Chapter 6 Flashcards

1
Q

Heading of chapter 6

A

Process to compel appearance

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2
Q

How many sections and parts are there in chapter 6

A

Four parts - 61 To 90 sections
part a summons
part b warrant of arrest
part c proclamation and attachment
part D other rules regarding processes

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3
Q

Form of summons

A

61
Every summons issued by a Court under this Code shall be in writing, in
duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may,
from time to time, by rule direct, and shall bear the seal of the Cour

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4
Q

Essentials of 61

A

In writing in duplicate signed by presiding officer or other officer directed by High Court and beer seal of court

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5
Q

Which section provides for personal service

A

Section 62 summons how seved

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6
Q

Which section provides for extended service

A

64 service when persons summoned cannot be found

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7
Q

Substituted service

A

Section 65 procedure when service cannot be effected as before provided under Section 62 63 and 64

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8
Q

Service of someones on witnesses by post is provided under

A

69

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9
Q

Proof of service in such cases and when serving officer is not present such cases - is the marginal heading of which section

A

68

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10
Q

Section 67

A

Service of someone’s outside local limits
When a Court desires that a summons issued by it shall be
served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate
within whose local jurisdiction the person summoned resides, or is, to be there served.

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11
Q

Which section provides for service on government servant

A
  1. Service on Government servant.—(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by
    section 62, and shall return it to the Court under his signature with the endorsement required by that section.
    (2) Such signature shall be evidence of due service.
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12
Q

63

A

Service of summons on corporate bodies and societies

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13
Q

Two important things to be remember under section 64

A

Summons will only be served on any adult male member residing with him and servant is not considered a member of family within the meaning of this action

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14
Q

Who serves the summons

A

Section 62
every summons shall be served by police officer
or subject to such rules as the state government may make in this behalf by any officer of the court issuing it
or other public servant

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15
Q

On whom the services made in case of summons on corporate bodies or societies

A

On the secretary or local manager or other principal officer of the corporation or by letter send by registered post address to the chief officer of corporation in India

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16
Q

On whom the summers is served in case of service on a government servant

A

Send in duplicate to the head of the office in which such person is employed had serves on such person and return the copy under his signature with endorsement and his signature will be evidence of due service

17
Q

Section 69

A

In addition to and simultaneously with issue of summons direct a copy of summons to be served by registered post, address to the witness at the place where you ordinary decides or carries on business or personally works for gain.

18
Q

Till when a warrant remains in force

A

Until it is cancelled by the court which issue date or until it is executed.

19
Q

Power to direct security to be taken is provided under which section

A

71

Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient
sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the
Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state—
(a) the number of sureties,
(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively
bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

20
Q

To whom a warrant may be directed under Section 72

A

The warrant may ordinary direct to one or more police officers but where the court issuing it needs immediate execution and no police officer available it may direct it to any other person or persons and such person may execute the warrant
Subsection to provides directed to more than one officers or persons it may be executed by all or any of them

21
Q

Section 73

A
  1. Warrant may be directed to any person.

Along with Section 72, 73 also provides for a warrant to any person and shall that cjm or JM first may direct warrant to any person within his local jurisdiction for arrest of any escaped convict or proclaimed offender or any person who is accused of nonbillable of pens and is evading arrest.

Under subsection three when such a person is arrested be made over to the nearest police officer who will take him to the magistrate having jurisdiction unless security is taken under section 71

22
Q

Section 74

A

Warrant directed to police officer.—A warrant directed to any police officer may also be executed by any
other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

( in short- Warrant directed to a police officer may be executed by the police officer whose name is endorsed upon it)

23
Q

Section 75

A

Notification of substance of warrant to the person arrested and show him the same

24
Q

Person arrested to be bought before Court without delay

A

Section 76
Provisio the delay shell not xc24 hours exclusive of the time necessary for journey from the place of arrest to the magistrate Court

25
Q

Where the warrant may be executed

A

Section 77 at any place in India