Civil Procedure Code, 1908, Order 13A, Rule 3, Civil Procedure Code, 1908, Order 37 -- Summary judgment - Plaintiff in a summary suit which is converted into commercial suit cannot loose both rights of pronouncement of judgment U.O.37.R.3 CPC as well as seeking summary judgment U.O.13-A CPC...........
Civil Procedure Code, 1908, Order 13A, Rule 3(a) -- Summary judgment - Court not in a position to record a finding with degree of certainty that defendant has no real prospect of successfully defending the claim - Case would not be covered by eventuality of O.13-A.R.3(a) CPC - No case therefore, was made out for City qrCivil Court to pronounce a summary judgment on the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Cancellation - SDO dismissed the application after conducting summary enquiry - Findings of SDO is purely factual in nature - Court in its revisional jurisdiction u/art 227 of Constitution ought not to interfere with said findings of fact unless gross illegality or..........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
Mutation -- Mutation proceedings are summary in nature, which are subject to finding recorded in a regular suit...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2) -- Powers of Tribunal - Proceedings under the Act before Tribunal are summary in nature - There is thus, no bar to production of evidence and parties thereto, if they or anyone of them so wish are not precluded from producing their evidence by way of affidavits and documents...........
