Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Suit for recovery against guarantor - Suit instituted in terms of agreement - Suit is maintainable as summary suit...........
Summary proceedings -- Relationship of landlord and tenant - Can be decided by such Court - However, the decision will not operate res judicata and be open to challenge in a subsequent suit. (Punjab Security of Land Tenure Act, 1953, S.77)...........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 77 -- Relationship of landlord and tenant - Question as to - Can be decided by Revenue Court even though proceedings under the Act summary in nature - Decision would not operate as res judicata and open to challenge in subsequent suit...........
Civil Procedure Code, 1908, Section 34, Order 37, Rule 3 -- Interest - Suit under summary procedure - Liability not arising out of a commercial transaction - Rate of interest reduced from 18 percent to 6 percent per annum...........
Plot allotment -- Group Housing society - Construction of flats completed by the Society and OP issued occupation certificate - Plea that OP failed to provide disposal system of sewerage and storm water - Held that the complainant to seek their redressal before an appropriate forum like a Civil Court by filing an appropriate civil suit or by filing an appropriate Civil..........
Consumer Protection Act, 1986, Section 21 -- Jurisdiction - Complicated questions of facts and law - Complainant a Trust created by NRI (since deceased) - Deceased executed a Will bequeathing proceeds of his FCNR(B) deposits - OP No.1 refused to honour the FCNR(B) deposits - Civil suit filed by the deceased on the same issue pending in the High Court - Complaint raising..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Suit based on balance confirmation letter is maintainable as summary suit...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Balance payable confirmed by debtor and creditor - If interest was paid in past at 18% per annum then subject to anything to the contrary it would imply a promise to continue to pay interest at that rate on balance confirmed - In such circumstances it is not necessary to have express stipulation that balance..........
Succession Act, 1925, Section 372 -- Succession certificate - Enquiry - Is summary in nature - Question involved when not capable of decision in summary proceedings can be left to be established in a regular suit...........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Summary suit - Leave to defend - Suit on basis of cheques - Leave to defend sought by one of the defendants alleging no passing of consideration - Defence not a possible defence - Applicant not able to deny totally the liability being a partner of firm - Leave to defend granted on condition to deposit proportionate amount to..........
