Showing : 201-210 of 273 Results

MADRAS HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 5-- Summary suit - Leave to defend - Suit on basis of cheques - Leave to defend sought by one of the defendants alleging no passing of consideration - Defence not a possible defence - Applicant not able to deny totally the liability being a partner of firm - Leave to defend granted on condition to..........
DELHI HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Summary suit - Leave to defend - At this stage Court to examine about real or sham plea and whether allegations if established would be a good defence - Facts alleged, whether true or not, can be considered during trial after the leave is granted...........
DELHI HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 4-- Summary suit - Suit based on invoice - Invoice not containing any terms and conditions entered into between parties regarding supply of goods and its payment - No written contract between parties - Suit not triable as summary suit...........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit on basis of pronote - Defendant disputing execution and amount of pronote and pleading payment as also other pleas as to deficiency of stamp on pronote and money lending licence - Held, triable issues are raised as such leave to defend rightly granted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Pronote - Thumb impression alleged to be obtained on blank pronote - As there is admission of thumb marking the pronote and receipt so there is presumption that it was executed for consideration - Held, order of grant of leave to defend suit subject to deposit of 50% of the suit..........
SUPREME COURT OF INDIA
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 115, Order 37, Rule 3(5)-- Leave to defend - Not sought within 10 days of service of summons - Delay condoned and permission granted to file written statement and contest the suit - Revision against - High Court set aside the order on the ground that the approach of trial Court was wrong and that the trial Court did not..........
RAJASTHAN HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 37, Rule 2, 3-- Summons for judgment never issued - Decree passed - Void and without jurisdiction inspite of the fact that defendant appeared in response to summons for appearance and sought leave to defend which was granted on the condition of deposit of entire suit amount and the defendant failed to deposit -..........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Receipt unstamped - Summary suit is not maintainable - In a summary suit admissibility of documents has to be seen at the time of filing of the suit - Contention that on payment of penalty receipt can be admitted in evidence - Not tenable...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 5-- Leave to defend - Defendant is entitled to unconditional leave to defend if a triable issue is raised indicating bona fide defence - Truth or otherwise of the issue is not at all relevant consideration in granting such leave - Defendant taking a specific plea in written statement denying execution..........

Showing : 201-210 of 273 Results