Showing : 191-200 of 273 Results

BOMBAY HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Suit for recovery against guarantor - Suit instituted in terms of agreement - Suit is maintainable as summary suit...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Civil Procedure Code, 1908, Order 9, Rule 13-- Provision of O.9.R.13 CPC does not apply to a suit filed under Order 37 as O.37.R.4 CPC specifically provides for setting aside decree...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Not only special circumstances which prevented from appearance or applying for leave to defend but also facts, by affidavit or otherwise, have to be shown which would entitle him to defend the suit - In this respect O.37.R.4 is different from O.9.R.13 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Sufficient cause for non appearance on the date of passing exparte decree shown but failure to disclose facts which would entitle him to defend the case - Application rightly dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Difference between the two provisions - Enumerated...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 34, Order 37, Rule 3-- Interest - Suit under summary procedure - Liability not arising out of a commercial transaction - Rate of interest reduced from 18 percent to 6 percent per annum...........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Security - Deposit of decretal amount to serve as security for the suit amount in the event Court granting leave to defend the suit - Relief not granted - Amount can be withdrawn by depositor or he can have it adjusted in satisfaction of the decree...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Suit based on balance confirmation letter is maintainable as summary suit...........
BOMBAY HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Balance payable confirmed by debtor and creditor - If interest was paid in past at 18% per annum then subject to anything to the contrary it would imply a promise to continue to pay interest at that rate on balance confirmed - In such circumstances it is not necessary to have..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 3-- Suit for recovery on a document - Leave to defend - Dispute whether document is a guarantee bond or merely an indemnity bond - Court required to consider the nature and meaning of the document - Held, this in itself is sufficient to grant leave to defend...........

Showing : 191-200 of 273 Results