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Results of civil procedure code o 37 leave to defend

Showing : 31-40 of 155 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Leave to defend - Defence disclosed by defendant is riddled with serious contradictions and does not inspire confidence - Infact, sham and illusionary defence is set up by defendant - Being an unsecured loan, it was expected that rate of interest would be much higher as risk..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Once suit amount claimed in suit is not the amount which directly arises in terms of liquidated amount stated in written document or a dishonoured bill of exchange or a cheque, then suit would not be maintainable U.O.37 CPC...........

KARNATAKA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant admitted part of the amount claimed - Said amount would partake the character of `admitted amount' as indicated in O.37.R.3(5) CPC - Leave to defend allowed to defendant subject to condition that he shall deposit admitted amount in Court...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend would be granted if it is shown that defendants are raising triable issues and their plea is at least bona fide and plausible and not sham or illusionary or practically moonshine...........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed between parties, taking..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Summary suit - Acknowledgment of amount due and issuance of cheques - Summary suit is maintainable - Leave to defend application dismissed for no, prosecution - Suit decreed - Interest payable 12% in case decretal amount is paid within three months and if not paid within three months then interest payable will be 18% per..........

DELHI HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - No averment in plaint referring to any specific document being written contract between parties containing liquidated amount as due and payable by defendant to plaintiff - Not even any supporting statement of account showing figure as balance due at the foot of account - There is no cause..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........

Showing : 31-40 of 155 Results