Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact recorded by Tehsildar in summary proceedings cannot be interfered with by High Court u/art 226 of Constitution of India...........
Civil Procedure Code, 1908, Order 13A, Rule 3, Civil Procedure Code, 1908, Order 37 -- Summary judgment - Plaintiff in a summary suit which is converted into commercial suit cannot loose both rights of pronouncement of judgment U.O.37.R.3 CPC as well as seeking summary judgment U.O.13-A CPC...........
Civil Procedure Code, 1908, Order 13A, Rule 3(a) -- Summary judgment - Court not in a position to record a finding with degree of certainty that defendant has no real prospect of successfully defending the claim - Case would not be covered by eventuality of O.13-A.R.3(a) CPC - No case therefore, was made out for City qrCivil Court to pronounce a summary judgment on the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - SDO dismissed the application after conducting summary enquiry - Findings of SDO is purely factual in nature - Court in its revisional jurisdiction u/art 227 of Constitution ought not to interfere with said findings of fact unless gross illegality or..........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Paternity of son - Where purported father denies paternity, but refuses to undergo DNA test, such father is disentitled to deny paternity in a summary proceeding u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceeding u/s 125 Cr.P.C are summary in nature - Strict standard of proof of marriage is not necessary u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
