Mutation -- Mutation proceeding is fiscal and summary in nature which does not confer any right or title in favour of person concerned over the property in question - Order passed in mutation proceedings is always subject to final adjudication of right and title of parties in a regular proceeding by competent Court...........
Mutation -- Proceedings are summary in nature - No right or title is created - Revenue entries are only for 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...........
Mutation -- Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from 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...........
Mutation -- Dismissal of revision filed against order of mutation - Writ petition thereagainst - Not maintainable - Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration...........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - Landlord needed premises for proposed business - Status of landlord as NRI is not in dispute - Contention of tenant is that space available for landlord would be adequate for purposed business and there is no need to seek eviction of tenants from their..........
