Succession Act, 1925, Section 372 -- Succession certificate - Proceedings for grant of succession certificate under the Act are of summary nature and do not confer any title to amount in favour of certificate holder...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Cannot be sought by defendant at the stage when he enters appearance in response to summon for appearance - If application for leave to defend had been made at that stage by defendant, it ought to be dismissed as premature...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Proceedings before Commission are summary in nature - Complaints involving highly disputed questions of facts or cases involving tortuous acts or criminality like fraud or cheating could not be decided by Forum/Commission under the Act...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact recorded by Tehsildar in summary proceedings cannot be interfered with by High Court u/art 226 of Constitution of India...........
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...........
