Civil Procedure Code, 1908, Order 37, Rule 2(3) -- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
Indian Penal Code, 1860, Section 454, 380, 75 -- Offence u/ss 454, 380, 75 IPC - Accused questioned by Magistrate on the same day on which he furnished the documents u/s 207 Cr.P.C. to accused - Accused also deprived of engaging a counsel of his choice - More so, Magistrate neither followed the procedure of summary trial nor procedure of summons case or procedure of trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure - If procedure of summary trial is strictly adhered to by trial Court irrespective of complexities involved in the case, it is accused who is likely to be prejudiced as only substance of evidence would be record and right of extensive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure - Trial Court adopted procedure of a summons case while trying the matter - No request was made by accused for trying the case in a summary manner - Moreover, no prejudice is shown to have been caused to accused - Plea raised by accused..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Leave to defend - Defence disclosed by defendant is riddled with serious contradictions and does not inspire confidence - Infact, sham and illusionary defence is set up by defendant - Being an unsecured loan, it was expected that rate of interest would be much higher as risk..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to establish that said amount..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22, Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 23, 22 -- Property owned by Father (senior citizen) - Eviction of son/petitioner who occupied the portion of suit property - Petitioner is mere licensee of suit property thus he would have no right to resist his..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Once suit amount claimed in suit is not the amount which directly arises in terms of liquidated amount stated in written document or a dishonoured bill of exchange or a cheque, then suit would not be maintainable U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not conclude with original/historical agreement..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant admitted part of the amount claimed - Said amount would partake the character of `admitted amount' as indicated in O.37.R.3(5) CPC - Leave to defend allowed to defendant subject to condition that he shall deposit admitted amount in Court...........
