Showing : 1-10 of 11 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave..........
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 - 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction - N.R.I. Landlord - Bona fide need - Leave to defend - Landlord earlier filed eviction petition u/s.13B of the Act - Rent Controller granted leave to defend to tenant - Landlord challenged said order before High Court - On request of landlord, main eviction petition filed by him u/s.13-B..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Unconditional leave to defend - Application filed beyond 90 days period of limitation and that too without application for condonation of delay - Application cannot be allowed - Held, on merits that mere bald assertion that defendant had paid substantial amount without specifying..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction petition - Leave to defend - Allowed by Rent Controller set aside by High Court - High Court has not granted liberty to agitate other grounds to seek leave to defend - Held, once leave to defend application stands dismissed by Court, no option left for Rent Controller, but to pass an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Eviction petition u/s 13-B of the Act - Tenant not seeking leave to defend within 15 days of service - Landlord seeking eviction - Eviction petition dismissed on the ground that tenant filed application u/s 13-B of the Act by including those grounds also which are available for an application u/s..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- Landlord filed ejectment petition u/s 13-B of the Act - Leave to defend allowed to the tenant on the ground that petitioner landlord is not the owner and is rather lessee of demised premises, having a lease of 99 years - Order of Rent Controller set aside - Held, lessee of property for a period of..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Promissory note - Recovery of Rs.1.50 lacs - Leave to defend - Sham and fabricated - Signing of blank paper theory - Two signatures on promissory note, one in English and the other in Telugu - Held, defendant allowed to defend suit on payment of part of suit claim - Defendant allowed leave to..........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be..........

Showing : 1-10 of 11 Results