Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260(2) -- Dishonour of cheque - Summary trial - Magistrate can switch over from summary trial to a different procedure provided...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Nature of - Held, proceedings for claiming maintenance as per S.125 CPC are in nature of civil proceedings, though criminal process is applied for purpose of summary and speedy disposal of such matter...........
Criminal Procedure Code, 1973, Section 451 -- Scope of powers as provided u/s 451 Cr.P.C. is of a summary nature which does not adjudicate upon the civil rights of the parties - The discretion has been given to the Court for passing an order for the custody of property...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326 -- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Ownership for five years - Determination of - Landlord acquired ownership rights for first time only after death of his father - Landlord was not owner for period of five years on the date of presentation of eviction petition as an NRI - Held, if deceased owner was also an NRI, then..........
Specific Relief Act, 1963, Section 6 -- Suit u,s 6 of Specific Relief Act - The only question that has to be determined is whether plaintiff was in possession of the disputed property and he had been illegally dispossessed therefrom on any date within six months prior to the fling of the suit - Proceeding u/s 6 of the Act is summary in nature and remedy by way of appeal..........
Limitation Act, 1963, Article 113 -- Summary suit - Limitation - Suit filed on the basis of written contract between parties - Defendant obtained loan of Rs.50 lacs from plaintiff and said arrangement was valid till 30.9.2007 - Cause of action arises only after 30.9.2007 - TDS certificate issued by defendants on 31.3.2008 - Held, suit filed on 25.6.2010 is within time and..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary sit - Collateral agreement by which defendant obtained loan from plaintiff - Plaintiff has right to file suit for recovery of money without proceeding against the collateral security - As the suit is filed U.O.37.R.2 and the parties having entered into written contract, the suit is maintainable as a summary suit -..........
Civil Procedure Code, 1908, Order 37, Rule 1(3) -- Summary suit - Bonafide defence - Defendant had taken loan from plaintiff and issued various cheques - If according to defendant his account was conduit and said agreements were made only as a comfort to the plaintiff, the defendant could have placed the same on record in writing or could have terminated the same in an..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Leave to defend - Defendant took loan from plaintiff - Defendant issued TDS certificate in favour of plaintiff - Defendant never treated the loan as if the same was on behalf of the joint account holders of the plaintiff - Joint holder of plaintiff are neither necessary parties nor proper parties to the suit -..........
