Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
Mutation -- Mutation proceedings are summary in nature, which are subject to finding recorded in a regular suit...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2) -- Powers of Tribunal - Proceedings under the Act before Tribunal are summary in nature - There is thus, no bar to production of evidence and parties thereto, if they or anyone of them so wish are not precluded from producing their evidence by way of affidavits and documents...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Scope of proceedings u/s 6 of the Act is summary in nature and limited to find out question of dispossession of plaintiff within a period of six months prior to institution of suit ignoring question of title...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application u/s 166 of the Act, which is summary in nature...........
Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries is only for the collection of revenue from the person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Sale of goods under credit is a kind of routine business contract - Claim of defendants that suit will not fall U.O.37.R.2 CPC cannot be accepted...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit on the basis of purchase of goods on credit - Debit notes prepared by defendant not claimed to be accepted by plaintiff - Poor quality of goods not mentioned in the reply notice by defendant - Defendant cannot invent something as a valid defence for the purpose of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Imposition of sentence - Power of Magistrate - Judicial Magistrate of First Class cannot impose fine of more than Rs.10,000/- as per provisions of S.29 Cr.P.C - But in view of amended provision of S.143 of Negotiable Instruments Act, a provision has been made..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born on account of rape committed by defendant with mother of child - Mere rejection of earlier application of DNA test filed by defendant in summary proceedings u/s 125 Cr.P.C, has no bearing in civil suit for declaration filed by child, wherein child herself is asking for determination of parentage..........
