Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial or summons trial - Detailed affidavit of examination-in-chief and lengthy cross examination - Clearly shows that case was tried as summons trial - Perusal of cross-examination shows that full dress trial was held and it is with that understanding, both the parties joined the trial even..........
Criminal Procedure Code, 1973, Section 384, 385 -- Summary dismissal of appeal - Once summary dismissal of an appeal u/s 384 Cr.P.C. is crossed, appeal could have been or should have been disposed of only in manner contemplated u/s 385 Cr.P.C...........
Civil Procedure Code, 1908, Order 37, Rule 3(6)(b) - - Summary suit - Non filing of written statement - No scope for any further enquiry - Court to proceed further on the basis that claim in the plaint is accepted - Plaintiff is entitled to judgment forthwith...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued towards loan amount as a security - Complainant admitted his relationship with petitioner as commission agent and farmer - Petitioner contended that complainant was in a dominating position and had been advancing loans after getting their signatures on blank papers/cheques and..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - In case trial u/s 138 of Act is conducted in a summary manner and evidence is given by complainant by way of an affidavit, which is sufficient to prove the offence - Evidence is not required to be given again in terms of S.145(1) of Act and same has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of plaintiff, appropriate conditions..........
