Showing : 231-240 of 273 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit - Exparte decree - Setting aside - Defendant has to show 'special circumstances' U.O.37.R.4 but not 'sufficient cause' in terms of S.5 of Limitation Act - Period of limitation is 30 days as provided under Art.123 and not three years as provided under Art.137 of Limitation Act...........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Defendant admitting receipt of amount claimed but claim for interest denied - Court can pass decree in favour of plaintiff for the admitted receipts of the amounts by the defendant - Issue of interest, however, can be finally tried...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Conditional leave to defend - Defendant employed as an Engineer Trainee with the plaintiff - Plaintiff was to serve for a period of two years after the completion of probation period - Defendant in default was liable to pay liquidated damages and also the salary for at least 3 years on the basis..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Unconditional leave to defend - Summary suit by Bank - Bank had been purchasing Hundis and making payments though alleged Bills not being honoured - Leave granted without any condition upheld in view of law laid down by Supreme Court in M/s. Sunil Enterprises JT 1998(3) SC 641...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 10, Order 37-- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37-- Summary suit on Bills of Exchange by Bank - Acceptor sought leave to defend alleging execution without consideration and fraud etc. between officers of Bank and drawer of Bills - Trial Judge refused the leave - High Court taking the view that appellant has absolutely no prima facie case - In..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend, grant of - Summary suit by Bank as amounts under bills of exchange not paid by defendant when presented - Bank continued to pay large amounts of bills of exchange accepted by defendant who was already a defaulter - Leave to defend sought contending that bills of exchange executed..........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - When to be granted - Defendant entitled to unconditional leave to defend : (1) if defendant satisfies Court that he has a good defence to the claim on merits ; and (2) if defendant raises a triable issue indicating that he has a fair or bona fide or reasonable defence, although..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree passed under order 37 CPC - Petition to set aside ex parte decree filed U.O.9.R.13 instead of O.37.R.4 - There is no substantial difference between the words `Sufficient cause' in Order 9.R.13 and `Special circumstances' in Order 37.R.4 CPC - Application U.O.9.R.13 directed to be..........
RAJASTHAN HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Defendant raised a triable issue and defence raised by defendant is not frivolous, vexatious or groundless - Leave to defend to be granted unconditionally - Order imposing condition of furnishing bank guarantee equal to amount of suit - Illegal...........

Showing : 231-240 of 273 Results