Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife living separately - Proceedings do not contemplate the proof regarding sufficient cause for living separately - Proceedings u/s 125 Cr.P.C. are summary in nature - It is sufficient if negligence or refusal on the part of husband in providing maintenance to wife is demonstrated...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Both the parties have failed to produce any material on record in support of their claim - Defence set up by defendant in his objection is triable issue which entitles defendant to unconditional leave to contest the suit as contemplated U.O.37.R.3(5) CPC - Unconditional leave..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Written contract - Invoices/bills are "written contracts" within contemplation of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants admitted the execution of works by plaintiff as also bill amount payable to them being deposited in Treasury, in objections to motion laid by plaintiffs seeking initiation of mediation process - However, defendants withheld this fact from Court - Trial Court rightly..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
Succession Act, 1925, Section 372 -- Succession certificate - Proceedings for grant of succession certificate under the Act are of summary nature and do not confer any title to amount in favour of certificate holder...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
