Rent and eviction -- Mense profits - Enhancement - Determination of mesne profits are only summary proceedings...........
Legal Services Authorities Act, 1987, Section 22D -- Recovery of dues - Permanent Lok Adalat is not bound by principles of evidence and provisions of CPC - Even, Permanent Lok Adalat adopts a summary procedure and no court fee is payable and award passed by Permanent Lok Adalat is final and binding as no appeal lies against award passed by the Act...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Reply to application filed instead of filing application of "leave to defend" - However, reply filed to the application clearly set out the grounds of defence and indicate the respondent's intention to contest the suit - Discrepancy in not filing an application styled as "leave..........
Civil Procedure Code, 1908, Order 37, Rule 3(4) -- Summary suit - O.37.R.3(4) CPC only requires plaintiff to serve summons for judgment in prescribed form - It does not contemplate filing any application or eliciting any response to such application...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Defendant raised triable issues but has not advanced a defence which entitles it to unconditional leave to defend - Defences raised by defendant are plausible but do not answer to the standard of fair or reasonable - Leave to defend rightly granted to defendant - Interest of..........
Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Factum of commercial relations between parties may be ground for institution of summary suit, but cannot per se be justification for grant of conditional leave sans proper consideration of defence from materials on record...........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - If Court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of Court, it may grant conditional leave to defend - There is thus, an element of discretion vested in Court..........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
