Succession Act, 1925, Section 295 -- Will - Probate petition - Contentious case - Once proceedings become contentious, it is not open for Court to proceed with the matter in a summary way and allow parties to prove Will in common form...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Proof of marriage - In proceedings u/s 125 Cr.P.C. strict proof of marriage is not essential - Standard of proof u/s 125 Cr.P.C. is not akin to matrimonial proceedings as these proceedings are summary in nature and meant to prevent vagrancy...........
Specific Relief Act, 1963, Section 6 -- Recovery of possession - Proceedings are summary in nature which are purely based upon possession of property - Question as to title is wholly, irrelevant...........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - To be treated as a case instituted on a police report - However words `as far as may be' by no means can be totally ignored - These words acknowledge the discretion of trial Magistrate to obtain further materials by way of an inquiry even if summary in nature, if genuinely felt..........
Motor Vehicles Act, 1988, Section 166, 167, Workmen -- Accident - Withdrawl of proceedings before Tribunal under W.C. Act before its conclusion, termination of proceedings by summary dismissal of Claim without quantifying compensation payable too will not destroy right to move MACT...........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 8 -- Discovery of documents - Proceedings initiated against petitioner under Act is for seeking eviction in summary manner - Collector has been given powers, confined to summoning and enforcing attendance of any person and examining him on oath, requiring discovery and production of documents..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Civil and criminal proceedings - Admission made in criminal proceedings u/s 145 Cr.P.C. - Would not operate as res judicata, as a judgment of criminal Court in summary proceedings is not binding upon civil Court - Even otherwise, Court exercising jurisdiction u/s 145 Cr.P.C. is not competent to decide questions which..........
Criminal Procedure Code, 1973, Section 452 -- Proceeding u/s 452 Cr.P.C. - Nature - Proceedings are summary and quasi civil proceeding analogous to civil proceeding - Prima facie entitlement for possession is to be determined in said proceeding - Adjudication of title does not form subject matter of enquiry though incidentally title may go into zone of consideration...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial or summons trial - Evidence of witnesses recorded in verbatim and not merely substance of evidence - De novo trial by successor Magistrate not required - Successor Magistrate will recommence proceedings from the stage where it was stopped by..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 22, 23, 32, Punjab Maintenance and Welfare of Parents and Senior Citizens Rules, 2012, Rule 22, 23 -- Eviction - Property of senior citizen - Eviction and maintenance - Summary eviction order can be passed by District Magistrate after considering claim of senior citizen and unauthorized occupant after..........
