Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Evidence recorded elaborately and in verbatim and defence given full scope to cross examine - Held, such procedure adopted is indicative that it was not summary procedure - Succeeding Magistrate can rely upon evidence on record and de novo enquiry need not be conducted...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Absence to record order for not trying the case summarily - Merely for this reason entire trial is not vitiated and Appellate Court cannot direct for a de novo trial merely on the ground that trial Court had not recorded the order for not trying the case summarily...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........
Specific Relief Act, 1963, Section 6 -- Dispossession - There is summary remedy provided for a person who is dispossessed of immovable property otherwise than in due course of law within six months of filing of suit in which venture, he is not required to prove his title - It is question of possession and not question of title which is relevant u/s 6 of the Act...........
Indian Penal Code, 1860, Section 180, Criminal Procedure Code, 1973, Section 345, 346 -- Refusing to sign statement - When a witness refused to sign deposition recorded by Court then Court has two options either to proceed u/s 345 Cr.P.C. and punish the accused u/s 180 IPC or to adopt the procedure u/s 346 Cr.P.C. and make complaint to Magistrate and then offence has to be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Judgment alleged to operate as res judicata is not available on record - Moreover judgment passed in mutation proceedings u/s 34 of U.P. Land Revenue Act are summary proceedings and is not binding upon the parties in regular title proceedings...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit - Written contract - Purchase order is a written contract - Expression `written contract' does not say that it should be signed written contract - It is enough that there is written contract - Impugned order of Court refusing to treat the suit as one U.O.37 CPC set aside - Trial Court directed to issue..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Applicability of O.37 - Only prima facie matter has to be seen qua applicability of O.37 CPC, at the time of issuing summons in prescribed form - In case defendant takes up an issue with respect of maintainability of suit, same will be decided at the stage of deciding application for leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Setting aside decree - While deciding an application U.O.37.R.4 CPC Trial Court does not sit as a Court of appeal over its own judgment and decree - Power envisaged by said provision of law is for setting aside the decree `under special circumstances' only...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
