Showing : 241-250 of 301 Results

ALLAHABAD HIGH COURT
Year of decision: 2000
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, Civil Procedure Code, 1908, Order 37-- Summary suit by Bank - Suits of all kinds including summary suit and other proceedings covered by S.31 - Consequently summary suit also stands transferred to Tribunal and only ministerial act of transmission is left to the Court...........
RAJASTHAN HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Unconditional leave to defend - Suit for recovery by Bank - Plea of limitation - Bank neither seeking extension of time on basis of acknowledgment, nor that suit is based on last entry of current account - Held, defendant is entitled to unconditional leave to defend on ground of limitation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-Proviso - Leave to defend - Summary suit on basis of bills, acknowledgment and pronote - Defendant disputing only part of claim - Unconditional leave cannot be granted - Defendant must pay undisputed amount of claim as a condition of leave to defend against the disputed claim...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - Defence raised a triable issue - When defence raised cannot be said to be false, frivolous or sham or not plausible, leave to defend to be granted...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Leave to defend - Principles governing - AIR 1977 SC 577 followed wherein held: (a) If the defendant satisfies the court that he has a good defence unconditional leave to defend to be granted; (b) If the defendant raises a triable issue indicates that he has a fair or bona fide or reasonable..........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Suit for recovery - Defendant admitting receipt of goods and having made part payment - Objection as to quality or quantity not raised at the time of delivery - Reply not given by defendant to the letter of demand nor any objection to the documents submitted by the plaintiff - It..........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(7)-- Leave to defend - Delay - Condonation - Delay of 33 days - Delay caused by a party on account of its own `ipsi dixit' and without due care and attention cannot be excused on the ground of sufficient cause - No sufficient cause has been shown for condonation of delay - Application lacks bona fides..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Unconditional leave granted by High Court without assigning reasons - Matter remitted to High Court for deciding application afresh - Attachment of entire property ordered till disposal of application afresh by High Court...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Suit based on dishonoured cheques and hundis - But not a single dishonoured cheque filed - Nor any hundi found to be accepted by defendant - Summary suit not maintainable...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Claim that cause of action arose on acknowledgment of debt - Supply of goods disputed by defendant - Genuineness of alleged issue of sales tax `C' forms to plaintiff also denied - Mere issuance of bill or invoice or one sided written offer would not amount to a written contract -..........

Showing : 241-250 of 301 Results