Summons
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
1)I have received summons (domestic voilence) from my wife which is not signed by any court officials is it valid..?
2)I was asked to appear before magistrate the very next day of the summons was issued,which i received after 5 days...is it valid..?
Dayananda Gowda
(Expert) 28 December 2011
Without signature of Presiding Officer on the summons is not valid one. Esquire through your advocate in the concerned court.
Querist :
Anonymous
(Querist) 28 December 2011
Thanks for reply sir.
Nadeem Qureshi
(Expert) 28 December 2011
Dear Querist
without signature of PO or Judge the summon is not valid. but if you know the fact and case then appear before the court and show your bonafide intention if any.
feel free to call
Querist :
Anonymous
(Querist) 28 December 2011
Thanks for you reply Mr.Nadeem
Sudhir Kumar, Advocate
(Expert) 29 December 2011
There is a need for you to inform the court regarding unsigned summon. There are peoplewho commit legal frauds. The court may be having record of sending summon to you and the actually received summon by you may be unsi8gned and for a different date. This way opposite party can ensure your absence on fixed day and get your NBW.
s.subramanian
(Expert) 29 December 2011
You file a petition under Sec.482 Cr.P.C. before the High Court for quashing the proceedings on the ground that the summons were not signed by the PO. It is a very valid and strong ground for pleading non application of mind.
prabhakar singh
(Expert) 29 December 2011
when you received 5 day late did you sign with date on its' counter,though it was in valid for want of PO's signature.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 December 2011
This is legal fiction and no actual remedy, since you can not prove what was in the envelope sent you.,once you have opened it.
Even delayed once you have knowledge , you have to appear in the court.
Such mischief occurs since notices are given to the opponent for service through post and they may put unsigned summons and post it late to keep you in tension.
Devajyoti Barman
(Expert) 29 December 2011
It is definitely not a valid summons.
Still when you would bring this to court your appearance would be recorded.
So on this ground your can not avoid appearance nor any benefit of delay in appearance.
You should rather focus on the date of receipt.
Deepak Nair
(Expert) 29 December 2011
Since you have received the summons after 5 days of the date in the court, the report of "Not Served" will go to the court and the court will issue a fresh summons in such cases.
Since the first summons is served, even though delayed and unsigned, it is proved that you are aware of the proceedings initiated against you and if you fail to appear on the next date, it will be considered as deliberately avoiding to appear before the court.
Querist :
Anonymous
(Querist) 29 December 2011
Thanks all of u...
Querist :
Anonymous
(Querist) 29 December 2011
Mr prabhakar singh...i have signed it with the date..thanks once again.
Shonee Kapoor
(Expert) 01 January 2012
No reason o differ, the query is closed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
