Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112 -- Child - Maintenance - Parentage - Sufficient evidence that child was born to the revision petitioner - Trial Court rightly allowed the maintenance to the child - However, the parentage is to be determined finally and authoritatively by the Civil Court - The provisions of S.112 Evidence Act have..........
Charitable and Religious Trust Act, Section 7 -- Court is required to follow summary procedure - Management or administration of trusts property - Court may give any opinion, advice or direction only on such question which is proper for summary disposal, however court is not to adjudicate serious questions of dispute which require evidence in detail...........
Hindu Marriage Act, 1955, Section 24 -- Alimony pendente lite - proceedings are of summary nature and can be decided on affidavits of parties...........
Punjab Land Revenue Act, 1887, Section 37, 36, Himachal Pradesh Land Revenue Act, 1954, Section 38, 37 -- Correction of revenue entries - Enquiry by Revenue Officer - Of summary nature - Confined to ascertaining factual position of case to his satisfaction - Order must clearly stale reasons for satisfaction - Without assigning reasons, order bound to fail - Cases in which..........
Punjab Tenancy Act, 1887, Section 84, Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(iii) -- Ejectment for no, payment of rent without sufficient cause- Non-payment for a crop 7 years prior to application - May lose much significance - Tenant filed certified copies of documents showing that he had to pay rent by approaching Assistant Collector every time..........
Punjab Security of Land Tenures Act, 1953, Section 24A -- Separation of surplus area from reserved area after consolidation - Officer competent to utilise surplus area (Circle Revenue Officer) can after a summary enquiry separate two blocks of land i. e. area allotted in lieu of surplus area and area allotted in lieu of permissible area - Cannot change nature of land in..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43, 47 -- Section 43 enabling provision to restore possession to various persons by a summary procedure if wrongfully or unauthorisedly dispossessed - Revenue entries show possession of land by tenants till Rabi 1963, tenants did not surrender their tenancy nor ordered to be ejected in any proceedings - Tenancy rights..........
Punjab Security of Land Tenures Act, 1953, Section s, 9, 14A -- Before summary procedure of ejectment provided in the Act followed - Should be clear beyond doubt that relationship of landlord and tenant subsists between the parties - Where complex questions of law and facts arise regarding relationship of landlord and tenant between the parties - Summary procedure..........
Punjab Security of Land Tenures Act, 1953, Section s, 9(1)(i), 9(1)(ii), 14A -- Application for ejectment of tenant in one case on account of no, payment of rent without sufficient cause and in other case that landowner a small landowner - Plea of tenant that relationship of landlord and tenant did not exist between the parties after the date on which landowner entered..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4, 9, 10 -- Elaborate inquiry regarding objections - Does not render order of Collector without jurisdiction - Dismissal as time-barred redemption application - Collector's order not without jurisdiction and cannot be said to be nullity - Kaka Singh's case 1982 P. L. J. 134 Over-Ruled - Collector dismissed on merits..........
