Showing : 161-170 of 296 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Proviso - Summary suit - Leave to defend - Shall not be refused unless Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious ...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Cheque - Summary suit on the basis of cheque which is dishonoured is maintianble...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Suit for recovery - In respect of amount of cheque there is no defence - Order granting unconditional leave amended and defendant directed to deposit the cheque amount in trial Court within six weeks...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Exparte decree - Setting aside - Appellant is required to prove that he had sufficient cause for remaining absent and is also required to prove that he has a reasonably good defence on merits on the basis of which appellant can be granted leave to defend...........
RAJASTHAN HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 4-- Summary suit - Leave to defend - Not applied within 10 days of service of summons - Decree passed - Application to set aside exparte decree - Summons as prescribed in Form No.4-A issued to defendant contrary to Sub-rule (4) & (5) of Rule 3 of Order 37 CPC - Summons no where mentioned that before..........
GUJARAT HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Suit for recovery of money on account of goods supplied - Claim divided into two parts - For one part of claim, triable issue was found whereas part of claim was such for which no defence was available with defendant - held, Court rightly protected interest of..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Written contract contemplated under Order 37 need not be signed by both the parties - However, the writing must be such to arrive at a conclusion that an agreement certainly has been brought into existence and that the claim made under such an agreement ought to be indisputable...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Requirement before a summary suit lies are : (1) There must be a concluded contract; (2) The contract must be in writing; (3) The contract must contain an express or implied promise to pay...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Acknowledgments, writing or receipt - Not possible to lay down any precise test as to when a summary suit would lie on an acknowledgment writing or receipt - That would depend firstly on the document itself, the practice, usage and customs of the trade as also the facts of each..........

Showing : 161-170 of 296 Results