Showing : 181-190 of 299 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227-- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under Article 227 of Constitution..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Unconditional leave to defend - Contract contemplating reciprocal promises - Plaintiff to seek specific performance of contract in case there is breach by defendant - Issue raised by defendant as to maintainability of suit entitles him for grant of unconditional leave to defend the..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit - Exparte decree - Setting aside and grant of leave to defend - In an application for setting aside ex parte decree passed U.O.37 CPC special reasons are required to be shown by defendant and has also to show reason for grant of leave to defend...........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Partnership Act, 1932, Section 32(2), 32(3), 44, Negotiable Instruments Act, 1881, Section 4, Civil Procedure Code, 1908, Order 37, Rule 1 & 2-- Promissory note - Partnership firm - Liability of retired partner - Promissory note executed by partners of firm - One of partner denying his liability thereunder on ground that he had since retired from firm and liability has to be met by reconstituted firm - Held, person who had executed..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - While giving leave to defend the suit the Court shall observe the following principles: (a) If the Court is of opinion that the case raises a triable issue then leave to defend should ordinarily be granted unconditionally - The question whether the defence raises a..........
DELHI HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 5-- Summary suit - Leave to defend - Suit based on bounced cheques - Plea that cheques were stolen and then misused - Plea stood falsified by other documents like undertaking and receipt executed by defendant - Order dismissing leave to defend calls for no interference...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Contention that defence raised by defendant is to be seen in the absence of plaintiff's case as set up in the plaint - Not correct - Court in absence of pleadings in the plaint cannot really appreciate the defence raised by the defendant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Money suit by claiming that agreement was void as consent was obtained by fraud and misrepresentation and that it was opposed to basic policy and aimed at unjust enrichment - Leave to defend - Court merely to see whether the defence raised by defendant is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Evidence Act, 1872, Section 115-- Suit for recovery - Loan - Default in repayment - Plea of estoppel on basis that loan amount was released in time and was also released in installments - No evidence produced to show that any delay in release had taken place after loan was sanctioned - Except bald statement by defendant no other..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Suit for recovery - Corporation - By its resolution Corporation had authorised all Senior Managers to file suit with prior approval of M.D. - Person who signed and verified plaint on behalf of Corporation categorically stated that he had taken prior approval of M.D. -No evidence in rebuttal..........

Showing : 181-190 of 299 Results