Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Held, there is no requirement of law that if a suit is filed for recovery of an amount due on a dishonoured cheque, and which is thus based on a specific/particular cause of action, yet plaintiff in said suit must necessarily mention each and every other cause of action of other dishonoured cheques between..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Liability of shareholders - Contention that appellants No.2 and 3 could not be made liable for dues of appellant No.1 who had issued cheque in question - Trial Court has observed that appellant No.1-company is an alter ego of appellants No.2 and 3, and on corporate veil being lifted, it would become clear that..........
Civil Procedure Code, 1908, Order 37, Rule 1 -..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Summary suit - Limitation - Under agreement dated 18th August, 2006, Defendant had agreed to pay the amount within 30 days from the date of said agreement - Period of 30 days expired on 17th September, 2006 - Suit was filed on 15th September, 2009 - Held, cause of action to file a suit would have commenced..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Recovery suit - Documents placed on record would show that dispute is fully covered under the provisions of O.37 of CPC - Documents also leave no room for doubt that cheque issued by defendant stands dishonoured due to `Insufficient Funds' - In criminal complaint filed u/s.138 of N.I. Act, defendant had..........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 37, Rule 7 -..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Dispute regarding contract between parties - Defendant guarantor for repayment of amount due and payable to plaintiff - Two triable issues raised as to whether letter written by defendant to plaintiff was guarantee and whether same encompasses claims against other defendants - Held,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Contract Act, 1872, Section 139 -- Summary suit - Leave to defend - Suit against borrower and guarantors - Guarantors seeking permission to defend suit - Leave to defend can be granted if a triable issue is made out - A triable issue is not made out on the basis of S.139 of Contract Act - Liability of guarantor is equal to..........
Civil Procedure Code, 1908, Section 122, Order 37, Rule 3(5) -- Calcutta High Court(Original Side) Rules, Chapter XIII-A Recovery suit - Chapter XIII-A Original Side Rules - Invocation of - Suit has been filed by plaintiff to recover a debt and/or liquidated amount of money claimed to be payable by defendant to plaintiff with interest - Claim arises out of a contract -..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on a guarantee - Claim of..........