Societies Registration Act, 1860, Section 4B -- Registration/renewal of society - Power of Assistant Registrar - It is evident that petitioner has challenged merits of resolution of Executive Committee of Society - There is no challenge regarding meeting of Executive Committee having been convened on said date or any other objection regarding said meeting being validly..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Work contract between parties - Triable issues made out by defendant for the reason that there is prima facie acknowledgment of a representative of plaintiff acknowledging over payments to plaintiff - Prima facie allegations of fraud and connivance between plaintiff and..........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Conditional order - Non compliance of the condition - Defendant has no right to cross examine either the plaintiff or any witness examined on his behalf or advance arguments...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Four unconditional and irrevocable bank guarantees issued by defendant/bank to indemnify plaintiff - Two stands were taken by defendant in his application for leave to defend firstly, that though four bank guarantees were issued but they were not by duly authorized and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Procedure for trial of cases under Chapter XVII of the Act, normally is to follow summary procedure - However, summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation u/s 357(3) Cr.P.C. with sentence of less than one year..........
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. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it would be open for..........
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..........
Criminal Procedure Code, 1973, Section 343, 340, Indian Penal Code, 1860, Section 193 -- Compliant u/s 340 Cr.P.C. - Offence u/s 193 IPC - Magistrate examined complainant and some other witnesses before framing charge against accused - It was in the form of summary inquiry to be satisfied as to whether materials on record would justify framing of charge against accused or..........
