Showing : 141-150 of 294 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 96, 105, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Conditional leave - Revision against - Maintainable - In case no revision is filed it is permissible for the defendant to raise the said contention in the appeal...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - At this stage Court has to determine whether 'if the facts alleged by the defendant are duly proved' they will afford a good, or even a plausible, answer to the plaintiff's claim - Once the Court is satisfied about that, leave cannot be withheld and no question..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Conditional leave - Revision against - Maintainable - In case no revision is filed it is permissible for the defendant to raise the said contention in the appeal...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Conditional leave granted with a condition to deposit 50% of the amount of suit claim - If condition is not complied with then a judgment in favour of plaintiff can be passed - First appeal is maintainable against such a decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(6)-- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the court that he has a good defence to the claim on its merits the plaintiff is not entitled to leave to sign judgment and the defendant is entitled to unconditional leave to defend; (b) If the defendant raises..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Deposit of admitted amount is a condition precedent for grant of leave to defend a suit filed U.O.37 of the Code...........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Mere denial of execution of promissory note is not enough to grant leave to defend without condition of security - No interference warranted in order granting leave to defend on furnishing security...........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit on the basis of cheque - Leave to defend - When defence raises a triable issue leave must be granted unconditionally whether the defence is legal or equitable and even through it may not ultimately turn out to be a good defence...........

Showing : 141-150 of 294 Results