Civil Procedure Code, 1908, Order 37, Rule 1, 2 -- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be led by parties -..........
Criminal Procedure Code, 1973, Section 125 -- Marriage - Proof - Documentary evidence - Validity of marriage for the purpose of summary proceedings is to be determined on the basis of evidence brought on record by the parties - Standard of proof of marriage in such proceedings is not as strict as is required in a trial of offence under S.494 IPC - If the claimant in such..........
Summary proceedings -- Issues can be framed and evidence can be led - Inspite of this the proceedings remain summary and in a subsequent suit the crucial issues must be decided afresh untrammelled or uninfluenced by any finding made in the summary proceedings...........
Summary proceedings -- Findings thereunder - Does not operate as res judicata inspite of the fact that issues were framed and evidence was led...........
Succession Act, 1925, Section 373, 383, 387 -- Succession certificate - Proceedings are summary in nature and no rights are finally decided in such proceedings - Findings given in proceedings under S.273 does not operate as res judicata...........
Consumer Protection Act, 1986 -- Act provides for an alternative system of consumer justice by summary trial - Authorities exercise quasi judicial powers - Conclusion should be based on reason as it not only introduces clarity but it also excludes the chances of arbitrariness and the higher forum can test the correctness of those reasons...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Suit to enforce bank guarantee - In absence of pleading as to fraud and finding thereto unconditional leave to defend cannot be granted...........
Rajasthan Colonisation Act, 1954, Section 22, 24 -- Bar of civil suit - Encroachment of Govt. land - A.M.D. of District passing order for removal of the same - Suit for permanent injunction claiming title on ground of adverse possession - Suit is not barred - Determination of suit claim is outside purview of summary mode of eviction under S.22 - Power and procedure under..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, Civil Procedure Code, 1908, Order 37 -- Summary suit by Bank - Suits of all kinds including summary suit and other proceedings covered by S.31 - Consequently summary suit also stands transferred to Tribunal and only ministerial act of transmission is left to the Court...........
Civil Procedure Code, 1908, Section 95 -- Temporary injunction - If it was applied for on insufficient grounds or there were no reasonable or probable grounds for instituting the claim for injunction - Summary remedy u/s 95 CPC does not in any way interfere with the principles regulating suits for damages for tort of malicious legal process - A regular suit for..........
