Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Proceedings u/s 125 Cr.P.C are summary in nature - No intricate questions of law and fact can be finally disposed of - It is sufficient if wife establishes that parties have been residing together as husband and wife and there was cohabitation then wife is entitled to maintenance...........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Factum of commercial relations between parties may be ground for institution of summary suit, but cannot per se be justification for grant of conditional leave sans proper consideration of defence from materials on record...........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - If Court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of Court, it may grant conditional leave to defend - There is thus, an element of discretion vested in Court..........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 32 -- Rule making power of State Government - Act empowers State Government to formulate summary procedure for eviction of children/legal heir of senior citizens, in the eventuality of ill-treatment or no, maintenance of Senior citizen/parents...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6(4) -- Recording of evidence - Tribunal is required to follow a summary procedure and it is not mandatory for Tribunal to record evidence or to permit any cross-examination...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Burden and initial onus in summary procedures lie entirely on defendant to establish, at least prima facie that defence projected by defendant is not flimsy or mere moonshine...........
Civil Procedure Code, 1908, Section 20(c), Order 37 -- Territorial jurisdiction - Summary suit for recovery of money - Plaint is specific as to cause of action, or at least a part of it, having arisen within jurisdiction of City Civil Court, question of City Civil Court not having any jurisdiction does not arise at all...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........
