Specific Relief Act, 1963, Section 6 -- Summary suit u/s 6 of the Act - Dispossession - Complaint with police not lodged - Neighbours not examined as such an adverse inference has to be drawn that best evidence available is deliberately withheld from Court - Documents relied upon like Power of Attorney, lease deed etc. do not in any way prove or establish possession of..........
Army Act, 1950, Section 116, 120 -- It is not imperative that Summary Court Martial (SCM) be convened, constituted and completed by Commanding Officer of the Unit to which the accused belonged - It is competent and permissible for the CO of the Unit to which the accused was attached or sent on attachment for the purposes of trial, to try such accused by convening,..........
Criminal Procedure Code, 1973, Section 326(3) -- Summary trial - Conviction or commitment on evidence partly recorded by one judge and partly recorded by another judge, would not be affected by change in Judge/Magistrate - However, provisions of S.326(1),(2) Cr.P.C. would not be applicable to summary cases or to cases in which proceedings have been stayed u/s 322 Cr.P.C...........
Criminal Procedure Code, 1973, Section 326(3) -- Summary/summons trial - Case registered as summary case - But regular recording of oral evidence of PWs was done - Learned judge was transferred and new presiding officer took charge - Magistrate failed to consider that case was not being tried as summary case, but was being tried as a regular case - Impugned order directing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act - Summary in nature being triable as summons case - But that does not absolve complainant from leading evidence to prove its case prima facie...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - No suit U.O.37 CPC can be maintained on scree, shot of an SMS and same does not qualify as a written contract within meaning of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 87, 5 -- Summary suit - Cheque - Material alterations - Once the cheque is returned unpaid for the reason of having been altered, the same ceases to be a bill of exchange within meaning of S.5 of Negotiable Instruments Act, 1881 for suit U.O.37 CPC to be maintained thereon unless such..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss.498A, 406 I.P.C. - Trial Court convicted and sentenced the accused for 1 year imprisonment - Appellate Court took lenient view on the ground that accused would lose his Government job therefore, released him on probation subject to payment of Rs.2.50/- lakhs - Wife..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
