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  #41  
Old Friday, November 19, 2010
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Ans. Summons:
======================

Summons is a document issued from the office of a court of justice calling upon the person to whom it is directed, to attend before a judge or office of a Court.
A Summons must bear the seal of the Court. Summons may be issued to accused as well as witnesses. Summons to a witness must contain the place at which, and the day and the time of the day when the attendance of the witness is required. The Court through service of summons brings to the knowledge of the person concerned the summons or notice in a legal action either by personal service, i.e, by the actual delivery of the process to the person concerned or by substituted service, i.e, delivery of notice, etc, on such other person who is likely to bring it to the knowledge of theperson concerned or by publication.

According to Section (68) of Cr.P.C. "(I) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer of such Court, or by such other officer as the High Court may, from time to time by rule, direct.

(2) Summons shall be served by a police-officer, or subject to such rules as the Provincial Government may prescribe in this behalf by an officer of the Court issuing it or other public servant, Provided that the Court may at the request of the complainant or the accused, allow him to serve the summons on his own witnesses.

How Summons as are served:
===============================

According to Section (69):

(1) 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.

(2) Every person on whom a summons; is so served shall sign a receipt therefore on the back of the other duplicate.

(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Pakistan. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.

Service when person summoned cannot be found:
=============================================

According to section (70),"Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, sign a receipt therefore on the back of the other duplicate."

Service on servant of State, or of a statutory body or company:
================================================== ====

According to Section (72), "(I) where the person summoned is in the active service of State or of statutory body or a company, 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 manner provided by section 69 crpc, and shall return it to the court under his signature with the endoresement required by that section.

(2). Such signature shall be the evidence of due service.

Service of Summons outside local limits:
====================================

According to Section (73),"When a Court desires that Summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinary send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned reside or is, to be there served."

Procedure when Service cannot be effected:
=======================================

According to Section (71), " If service in the manner mentioned in sections (69) and (70) cannot by the exercise of the due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the summons shall be deemed to have been duly served".
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  #42  
Old Friday, November 19, 2010
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WARRANT
==============

A warrant is a document which contains an order of the court, issued to a police officer or to a certain person, which gives direction for taking action against a person, or his property or any place mentioned therein.

WARRANT OF ARREST
==================

it means such warrant which gives direction to a police officer or to a certain person to arrest the accused or any person mentioned therein and to produce him before the court.

SEARCH WARRANT
================

it means any warrant which gives a direction to a police officer or to a certain person regarding search of any particular place or property mentioned therein.
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  #43  
Old Saturday, November 20, 2010
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is it a discretion of court whether it issues summon or warrant or is it asked by the complainant. and which one is served first.
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  #44  
Old Saturday, November 20, 2010
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summon is issued for summoning the witnesses, documents,etc etc...
and warrant is issued if the court feels that the person required is avoiding to appear or he may escape...

i hope our seniour raligr8 will answer in detail.

@ aleesha ... hv u opted law of 200 marks
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  #45  
Old Sunday, November 21, 2010
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Thanx brother Imran for this favour. No , i have not opted 200 Law
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  #46  
Old Sunday, November 21, 2010
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Quote:
Originally Posted by aleesha786 View Post
A.A. brothers Ali and Imran both of you, are sharing very useful information thanx for this. I wana you throw light on the procedure of crimninal case and civil case . i have not seen any proceeeding of court yet. my question is that;
Q:- what is procedure of civil and criminal court what are the basic difference in both of these. also metion when and where appeal, revision review lie plz explain with example, coz example clear the mind effectivly.
my second q is
Q:- what is administrave order and judicial order and which court issue these?
hi aleesha, imaran have told u abt your questions in detail as well as he has coated the relevant sections, I jst want to share some of the things which is in my mind. Let's start with ur first question relating to the civil and criminal proceedings.
CIVIL
As imran has told us that civil case starts with the institution of a case, the case is instituted in the court of senior civil judge, through a dept specially made jst for this purpose. Senior civil judge entrusts these case to different courts subject to their pecuniary jurisdiction. As u are not practicing so i feel that u must be aware of the actual proceedings of the courts.
The suit comprises of the plaint and the relevant documents on which you want to rely. Those documents be appended through a list on two specified forms. one in which all of the documents which you are going to annexe and secondly the form in which you write those documents from which you want to rely on and will present evidence.
Although the procedure is same as described by imran however you may read High Court rules Vol I which are related with instructions on civil courts.
CRIMINAL
criminal proceedings starts with the lodging of FIR, On institution of Complaint, and thirdly when magistrate has reason to believe that a cognizable offence has been committed.
DIFFERENCE B/W CIVIL & CRIMINAL CASES
The difference is very must clear civil relates with the disputes related with property, and the property has a very vast defination when we talk abt the civil cases. Where as, as the word criminal describes when an offence is committed, we see the matter in the ambit of penal code.
when and where appeal, revision review lie?
In civil cases appeal lies against from original decrees, order XLI,ORDER XLII
AAPPEALS FROM APPELLATE DECREES,ORDER XLIII APPEALS FROM ORDERS.
Review is u/s 114, and revision u/s 115.
In criminal cases Appeal against acquital lies u/s 417 CrPC and Appeal against conviction u/s 410 CrPC. However a leave to appeal will be filed when appeal against acquital. Revision u/s 439 read with sec 435 to call for the recods of inferior courts.

I hope i have clear all the ambiguities arised in your mind.
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  #47  
Old Sunday, November 21, 2010
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Thanx brother Ali, really your assistance is very informative , and has helped me to get rid off many ambiguties in my mind.
but i have also some other points to ask you but first i try to find out myself , if i am not able to sort out then i again distrub you:
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  #48  
Old Monday, November 22, 2010
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Aleesha i'll be very pleased to convey what i know. w'll surely discuss the question you put to the thread.
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