Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Mutation proceedings -- Findings in summary proceedings such as mutation cases are only tentative expression which is recorded by mutation Courts for a limited purpose - They do not bind the parties if the issue is agitated in a regular forum...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Proceedings before the Consumer Fora are in the nature of a summary proceeding - Yet the elementary principles of burden of proof and onus of proof would apply...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Commercial disputes cannot be decided in summary proceedings under the Act - Complaint not maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceeding u/s 125 Cr.P.C is summary in nature in which only prima facie it has to be seen that applicant is wife of opposite party...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Enquiry U.O.22.R.5 CPC - Decision U.O.22.R.5 CPC is of summary in nature and findings therein cannot amount to res judicata between same parties and same is only directed to answer an orderly conduct of proceedings with a view to avoid delay in final decision of suit...........
