Showing : 181-190 of 273 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Loan given through a loan agreement and a promissory note - Loan amount given by way of cheque - Petitioner to furnish security instead of bank guarantee...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Application U.O.37.R.4 - Court is required to be satisfied not only about existence of sufficient reasons for earlier non appearance but also that there exist sufficient grounds entitling the defendant for leave to defend...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 37, Rule 2, 3-- Provision of O.9.R.13 is not applicable to a decree passed under O.37.Rr.3(6) or R.2(3)...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Order granting leave to defend must show appreciation of material by trial Court while recording a conclusion that a triable issue is raised by the defendant...........
RAJASTHAN HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4, 3(4), Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree U.O. 37 - Setting aside - Merely a printed line in summons that affidavit as required to be filed U.O.37.R.3(4) stands filed is not sufficient whereas in fact no such affidavit is filed - Since there is no compliance with mandatory provision of Order 37.R.3(4) exparte decree set..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Mere making of an excess claim or not quantifying the same properly does not render a suit not maintainable as a summary suit...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1, 1(4)-- Summary suit - Plaintiff is entitled at any time to abandon or give up a part of the claim unilaterally - This can be done by making a statement to be recorded by the Court without the necessity of making a formal application for withdrawing the summons for judgment, amending the plaint and taking..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Conditional leave can be granted in respect of part of the claim and unconditional relief for remaining part of the claim - In such an event if defendant fails to comply with the condition, he would suffer the consequences qua only that of the claim for which..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Promissory note - Summary suit - Failure to reply to notice of demand - Does not amount to admission of the claim made in the notice - Application by defendant disclosing valid defence leading to a triable issue to be decided only after giving opportunity to both sides to substantiate their..........
BOMBAY HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Loan by cheque - Non payment - Is not a suit upon a cheque or bill of exchange - Suit is not maintainable as a summary suit...........

Showing : 181-190 of 273 Results