Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Defendant No.1 has contested its liability with assertion that it had only been the contractor executing work of defendant No.1 - Cheques allegedly towards part payment against supplies made by plaintiff, had been issued by defendant No.1 - Defendant No.2 thus, raised indeed triable issues,..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of securing an order of eviction by adopting summary procedure under Maintenance and Welfare of Parents and Senior Citizens Act...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - It is contended that reliefs sought in petition overlap with reliefs sought by petitioners in earlier petition which was dismissed by a three-judge Bench of Supreme Court - Orders dismissing writ petitions in limine will not constitute res judicata - Summary dismissal of earlier petition u/art.32 of Constitution does..........
Civil Procedure Code, 1908, Order 37, Rule 5 -- Summary suit - Leave to defend - Defence taken not moonshine and disclosed triable issues which required inquiry - Leave to defend had to be granted in the light of these varying stands taken by plaintiff in different proceedings - Leave to defend not unconditional and does not work to the disadvantage of plaintiff - FDR..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - Right of cross examination of a witness cannot be taken away even in summary proceedings when Tribunal/Court decides to summon the witnesses or allows a party to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 8, Evidence Act, 1872, Section 137 -- Petition u/s 23 of Senior Citizen Act - Summary procedure - Cross examination of witnesses - In the instant case, Tribunal allowed the parties to summon witnesses - Tribunal after recording examination-in-chief of witnesses did not allow their cross..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 193 -- Giving false evidence - Offence u/s 344 Cr.P.C and S.193 IPC cannot be acted simultaneously, as offence u/s 344 Cr.P.C is a summary trial while offence u/s 193 Cr.P.C is a warrant trial procedure - Magistrate is require to decide as to whether he wants to proceed u/s 344 Cr.P.C or u/s 193..........
Protection of Women From Domestic Violence Act, 2005, Section 17, Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 3, 4 -- Right of residence - Eviction of daughter-in-law - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of securing an order of eviction by adopting summary..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Liquidated sum - Loan amount was transferred by plaintiff to defendant through proper banking channels for which clear evidence has been placed on record - Suit U.O.37 CPC is maintainable as it is for liquidated sum...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Liquidated sum - Leave to defend - Suit filed for recovery of liquidated sum and suit is maintainable - Defendant thus, directed to furnish either a Bank Guarantee or any other security to the tune of Rs.10 lakhs - Subject to said conditions being fulfilled, written statement shall be taken on..........
