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December 4, 2016

Summons | Definitions, Meanings, Forms & Laws in Pakistan

Summons
According to Black’s Law Dictionary, “summons used to notify the defendant, that an action has been instituted against him, and that he is required to answer to it, at a time and place named”.
Form of Summons
Section 68 (1) of Criminal Procedure Code tells about the form of Summons;
Every summons issued by the court shall be;

  • In writing
  • Induplicate
  • Signed and sealed by the presiding officer of court or other person directed by High Court.

Summon by who served
Section 68 (2) says that, such summons shall be served by;

  • Police officer
  • Officer of the court
  • Public servant
  • Complainant or accused to his own witnesses upon his application to the court

Summon How Served
Section 69 (1) of Cr.P.C. tell us about the method and procedure of serving summons

  • Served personally on the person summoned by delivering or tendering to him one of the duplicate of summons, if practicable, such person shall sign a receipt on the back of other duplicate summons.
  • Service of an incorporated company or other body corporate
  • Service on govt. employee, or a servant of state
  • Substituted service or service when person summoned cannot be found
  • In such case summons must be served to adult male member of his family with his sign on duplicate

Procedure when service cannot be affected

  • The serving officer shall affix one of the duplicates of summons to some conspicuous part of the house of homestead of person where he ordinary resides.
  • Service of summons outside the local limits; in such case summons send to the concerned magistrate

Comments

  1. Qaisar Imran says:

    Injunction of Islam/ article 199/3,,!!! article 2-A ,10-A ,25 , 203, (CLC 2009 1283) Molvi Anwar Ul Haq, J (R),,,,,nice to learn it.. as some dracolian laws have been ammended in recent parliament, similar these law of our Armed forces were very need to be ammend ,, there is hurdle in consitution under article 199/3 (An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law) …… DUE TO THIS BAR MANY ARMED FORCES DISMISSED.COURT MARTIAL PERSONS WITH OUT LEGAL REMEDY IN SUPERIOUR COURTS/CONSITUTIONAL COURTS. its emazing a person Oath to Uphold the consitution ,,, but when he goes for remedy to consitutional court ,, The court replies ,,, I have not Jurisdiction,,, !!! LET IT BE NECESSARY TO CLEAR THERE. IN 2009 LHC in (clc 2009 page 1283) sitting Molive (R) Anwar Ul Haq declared it against the INJUCTION OF ISLAM. as law maker knows ,,Fedral sheriat court has power to test any vire of consitution where it is according to islam.. same happend in PLD 1994 SC 72. these two above preceedings were admitted by SHC in a C.P 3617/10 justice Mr. Justice Mushir Alam & Mr. Justice Irfan Saadat Khan.. some other case law. PLD 2009 FST 36 , PLD 1989 QUETTA 6. army act naval ordianance airforce law were needed to be ammend in above dicussion, because these were in contra to consitution islam against Art.2-A 10-A ,25, the Consitution of Islamia Jamhoria Pakistan, U.S. Supreme Court appellate jurisdiction over all military cases (United State Vs Stevenson) 2008

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