Indian Penal Code, 1860, Section 302, 498A -- Murder - Cruelty - Two dying declarations - Both the dying declarations recorded by I.O and SDM are surrounded by many suspicious circumstances - Investigation has not been conducted fairly - Victim had suffered 45% burn injuries as per MLC report and 30% burn injuries as per death summary report - Post mortem of victim was not..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - While granting leave to defend Court imposed condition to give bank guarantee of Rs.15 lac within a period of one month - Defendant raised triable issues in his defence - Reasons not given for concluding that defence is either sham or illusory or is merely a moonshine - Court is..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263 -- Dishonour of cheque - Summary trial - In summary trial, after accused is summoned, his plea is to be recorded u/s 263(g) Cr.P.C. and his examination, if any, can be done by Magistrate and a finding can be given by Court u/s 263(h) Cr.P.C. - Same procedure can be followed by..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Summary trial - It is summary trial procedure which applies to dishonour of cheque cases - However, in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of sentence of imprisonment..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act - Partakes the character of a summary proceeding...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - When summons trial is ordered and adopted it cannot be changed into another way in midst of trial - Half summons trial and half summary trial is not possible in a criminal case - Magistrate has to either follow the procedure in a summons trial or follow the summary trial - If summons trail is..........
Negotiable Instruments Act, 1881, Section 143 - - Words "as far as possible" used in S.143 gives discretion to the Magistrate to follow a summary trial or summons trial...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Substituted service - If there is failure on part of plaintiff to serve the defendant in the normal way, only then question of substituted service arise - Service through publication has itself caused miscarriage of..........
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of possession on basis of title, if so advised and Civil..........
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Section 7Q - - Belated remittance of PF - Computation of interest - Right to file objection - Held, an objection can be filed challenging computation in a limited spectrum which shall be dealt with in a summary manner by Competent Authority...........
