Criminal Procedure Code, 1973, Section 374 -- Murder case - Appeal against conviction - Without proper analysis of evidence almost in a summary way High Court dismissed appeal - Held, such disposal of criminal appeal by High Court particularly in a case involving charge u/s.302 IPC where accused is sentenced to life imprisonment unsatisfactory - It was necessary for High..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Disposal of objections of third party in a summary manner - Held, not proper - Executing Court is required to adjudicate upon claim of third party by considering relevant documents and relevant evidence...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Shamlat Deh - Question of title - Decision of - Notice was not issued to Gram Panchayat - Issues were not framed - No opportunity was granted to petitioner to lead evidence before petition was dismissed in a summary and perfunctory manner -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Proceedings u/s.7 of the Act - Question of title - Decision as to - Held, orders passed u/s.7 of 1961 Act are summary in nature - Any finding recorded on question of title does not operate as res-judicata in proceedings initiated for adjudication of question of title - Only authority empowered to decide..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial or summons trial - When it is summons trial without an order, it would be presumed that it appeared to Magistrate that sentence of imprisonment may be of more than a year...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Trial other than summary trial - It can be at the commencement or in the course of summary trial - A case can be tried as summons trial when it appears to Magistrate that sentence of imprisonment may be of a period more than a year - Order to try a summary trial as a summons case need not to be in..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint be tried as summary trial and in a summary trial sentence cannot exceed one year - When it appears that sentence may exceed one year then complaint can be tried as a summons case - Decision to try complaint as summons case can be taken after hearing parties at the commencement or during..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Ejectment - Jumla Mushtarka Malkan - Held, a parcel of land recorded, as Jumla Mushtarka Malkan, in revenue record raises an inference that it was created during consolidation, for common purposes of village..........
