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Vaishali Patil (IT)     19 December 2013

What is difference between notice and summon?

What is difference between Notice and Summon?

In which case warant will be issued.

 



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2013

acedmic query, read the book or search through google

Damayanti (Unemployed)     19 December 2013

when court issues the notice/order/command to a party it becomes 'summons' especially to attend proceedings.

 

Court first gives order to 'prepare' such summons, then judicial registrar etc prepare it.

then it is handed over to bailiff along with required copies and docs of party. (if within same local jurisdiction)

 

'service of summons' means the authorized person goes to the person and finds him and ensures that 'court notice' is delivered and acknowledged by him.

and then on a affidavit reports it back to court that .... "he went there ..place/date/time/. he found him/somebody recognised him!!. he delivered summons to him and hence filing affodavit".

 

Now court assumes that opposite party is made aware of court notice/order e.g. "Be present before me on date/place for the trial .... else beware of court judgement in your absence!!!"

 

Take literal meaning of 'notice'.

 

Notice is what we give it to another person ...

you haven't paid rent/bill, cheque is bounced ... shud I take action against you? or would you comply? etc etc

 

This helps to fetch attention of opponent (like sounding horn while driving to make somebody aware and comply, else bear consequences)

 

 

 

Vaishali Patil (IT)     19 December 2013

so in civil court its called summons and in criminal court its called notice

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2013

Dear Querist notice can be sent by court, by lawyers, by the parties for any purposed. but summon can be issued by the court only for appereance of the parties, in both the cases civil or criminal.

Shekhar (Proprietor)     19 December 2013

Weather civil or criminal, depending on the situation, the jury issues warrants. If the party as witness/accused/respondent does not appear before the court even after Continuous hearing, depending on such situation court will issue warrants,generally known as NBW/BW etc.

 

 


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