Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 22 -- Eviction - Property of senior citizen - Provisions of Act - Cannot be applied mechanically and automatically on complaint of senior citizen based solely on title leading to summary eviction...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Summary trial - Evidence already given by complainant by way of affidavit is sufficient proof of the offence and this evidence is not required to be given again in terms of S.145(1) of the Act and has to be read during trial - Complainant or other witnesses can be recalled only when accused..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Suit U.O.37 CPC for recovery of a debt or liquidated demand in money would lie on a written contract...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Denial of - Reasoning given by Court below that ex facie suit claims relief which are beyond O.37 CPC does not prima facie seem to be a correct finding - Question as to whether in the suit plaintiff is claiming relief beyond O.37 CPC would be a defence which defendant may take in its leave to..........
Army Rules, 1954, Rule 180 -- Non-compliance of R.180 of Army Rules - De-novo inquiry - Neither ground of no, compliance of R.180 of Army Rules raised at stage of framing of charge, recording summary of evidence, nor during Court martial proceedings - After a final order was passed by Court martial on basis of a full-fledged trial, it is not open to respondent to raise..........
Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13B - - Eviction petition - NRI Landlord - S.13-B of the Act cannot be held to be unconstitutional because it grants a right to clam eviction or bona fide need by summary procedure to a certain group of landlords i.e NRI's subject to and on satisfaction of statutory conditions which incorporate..........
East Punjab Urban Rent Restriction (Amendment) Act, 2001, Section 13B -- Eviction petition - NRI Landlord - S.13-B of the Act cannot be held to be unconstitutional because it grants a right to clam eviction or bona fide need by summary procedure to a certain group of landlords i.e NRI's subject to and on satisfaction of statutory conditions which incorporate a check on..........
Army Act, 1950, Section 191, Army Rules, 1954, Rule 23(2), 179, 180 -- Armed service - Dismissal - Assault on Subedar - Court martial proceedings - Summary of evidence - Signatures of respondent obtained in advance on blank papers, as signatures were found at right hand side at bottom of page and second half of page is left blank - Contention of appellant that summary of..........
Civil Procedure Code, 1908, Order 13A, Rule 3 -- Summary judgment - Commercial dispute - O.13-A.R.3 CPC empowers Court to grant a summary judgment against defendant where Court considers that defendant has no real prospect of successfully defending claim and there is no other compelling reason why claim should not be disposed of before recording of oral evidence...........
