Punjab Village Common Lands (Regulation) Act, Section 7 -- Object of legislation-Providing a remedy to put Gram Panchayat in possession of the Shamlat Deh vesting in it is to avoid delays inordinately in the Civil Courts under common law and to provide a summary remedy to the Gram Panchayat to recover possession from the unauthorised occupants of the land expeditiously...........
Punjab Village Common Lands (Regulation) Act, Section 7 -- before amendment by Punjab Act 19 of 1976-Did not debar the Assistant Collector to determine the question whether the land in dispute falls within the definition of Shamlat Deh or not and whether it vests in Gram Panchayat or not-Statute then prevalent did not oust jurisdiction of Civil Court to determine question..........
Consumer Protection Act, 1986, Section 12, 17 -- Insurance - Marine policy - Fishing trawler sank at sea - Disputed facts involved - Crew managed to reach the beach by dingee and empty diesel cans due to strong sea current the boat with purein net had to be abandoned - Also stated in the complaint that immediately after a report was filed at the Canacona Police Station -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Summary dismissal does not constitute res judicata for deciding the controversy...........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Redemption of mortgage - Proceedings pending before the Collector - Such proceedings are summary in nature and are not the suit proceedings within the definition of S.52 of the Act - Proceedings in this context would mean any such proceedings before a Court of competent jurisdiction which has trappings of a civil..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), 6(a) & (7) -- Summary suit - Summons for judgment served - Defendant on date of hearing sought extension of time for filing petition to defend - Time granted - Cannot be said that Court has acted without jurisdiction in extending time for filing application for leave instead of straight away passing decree - No grounds to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is not a verbatim summary of the prosecution case - Non mentioning of some facts or vague reference to some others are not fatal...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Leave to defend - Conditional leave to defend to be granted where defence appears to be dishonest or frivolous or contentions do not raise a triable issue - Otherwise the Court should grant unconditional leave to defend...........
Succession Act, 1925, Section 372 -- Succession certificate - Proceedings are summary proceedings - Question of title cannot be adjudicated upon...........
Consumer jurisdiction -- Non-speaking order - Held, though consumer jurisdiction is expeditious and summary in nature but this cannot be carried to the length of slip-shod and arbitrarily unreasonable order on the rights of the parties - Order under appeal being non speaking order the same set aside and case remanded for a fresh trial meticulously in accordance with law...........
