Showing : 241-250 of 273 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend allowed with a direction to deposit half of the suit amount - Held, such a direction not legal - Once Court comes to conclusion that defendant has disclosed sufficient facts entitling him to defend the plaintiff's claim, he is entitled to leave to defend without any..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37-- Suit based on cheque - As cheque is bill of exchange as such the provisions of O.37 CPC shall apply ...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 37-- Leave to defend - Suit for recovery on the basis of cheque - Defence that the amount was not actually due as claimed and could have been settled by settling the accounts and that the cheque was forged by the plaintiff for which defendant has lodged an FIR - Even if defence is illusory, yet the..........
BOMBAY HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(3), Partnership Act, 1932, Section 32(3)-- Proviso - Partnership firm - Summary suit - Leave to defend - One of the defendants stating on affidavit that he had retired from the firm prior to the suit transaction - Plaintiff found to have dealt with the firm without knowledge of the said defendant's retirement - In view of S.32(3) and its..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Suit for recovery of about 4 Lacs filed - Cheques for a sum of Rs.2, 50, 000/- issued - Conditional leave to defend suit on depositing amount of Rs.2, 50, 000/- On the basis of the same very cheques proceedings u/s 138 Negotiable Instruments Act also initiated - Civil suit cannot be stayed during..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - When a bona fide or a reasonable defence which needs investigation is made out, leave must be given - In case, the Court is not satisfied that a plausible ground is made out, or the Court comes to the conclusion that the defence raised is frivolous or vexatious the leave would be..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - Suit for recovery on the basis of cheque - Plaintiff in plaint and affidavit filed in support for judgment alleged that the defendant had issued the cheque for consideration towards cost of computer - Defendant in the application for leave to defend alleged that cheque was given..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- 'Appearance' - The object can be served either by filing a power of attorney by the lawyer of the defendant or the defendant simply appearing before the Court within the stipulated period often days informing the Court even orally that he is present in response to the summons received...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - Declined on the ground that the pronote bears the signature of the defendant and is thumb - marked by the witnesses and thus it cannot be taken for granted that the plaintiff had forged and fabricated this document in connivance with the witnesses and has filed the false case -..........
GUJARAT HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Scope - Both the provisions not synonymous - Under O.37.R.4 applicant has to sow 'special circumstances' preventing him from entering appearance within stipulated period - In case of O.9.R.13 applicant has to satisfy the Court about 'sufficient cause' preventing him from appearing when suit was..........

Showing : 241-250 of 273 Results