Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Error in summons by Trial Court cannot provide a defence to defendants to steal a march on plaintiff, which would entitle defendants to leave to defend, as objection is not directed against plaintiff but in fact is directed against Registry of Trial Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three payments being made, amount..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - On basis of `oral' and not `written' contract - Suit not maintainable in summary form...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
Succession Act, 1925, Section 295 -- Will - Probate petition - Contentious case - Once proceedings become contentious, it is not open for Court to proceed with the matter in a summary way and allow parties to prove Will in common form...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C. strict proof of marriage is not essential - Standard of proof u/s 125 Cr.P.C. is not akin to matrimonial proceedings as these proceedings are summary in nature and meant to prevent vagrancy...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a judgment of US Court,..........
Civil Procedure Code, 1908, Section 20, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Leave to defend - Territorial jurisdiction - Joint motion/judgment of US Court - Plaintiff in his plaint not pleaded any business of defendants within territorial jurisdiction of this Court or even given the place of residence of defendant No.1 - Without plaintiff being able to..........
Societies Registration Act, 1860, Section 4B -- Registration/renewal of society - Power of Assistant Registrar - It is evident that petitioner has challenged merits of resolution of Executive Committee of Society - There is no challenge regarding meeting of Executive Committee having been convened on said date or any other objection regarding said meeting being validly..........
