Showing : 211-220 of 290 Results

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security for the suit amount in the event Court granting leave to defend the suit - Relief not granted - Amount can be withdrawn by depositor or he can have it adjusted in satisfaction of the decree...........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...........
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...........

Showing : 211-220 of 290 Results