Showing : 251-260 of 299 Results

DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Pronote - Provision is applicable to suit based on promissory note - Contention that no summary suit could be instituted for periodical loan - Without any merit...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1(2)-- Pronote - Summary suit - Promissory note insufficiently stamped - Even an insufficiently stamped document could be looked into by the Court after impounding the same in accordance with law - At this stage Court can look into the contents of the document as the said document could not be made..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Suit instituted by presenting plaint - In the cause title of the suit it is specifically mentioned that the suit is one under Order 37 CPC and the same is mentioned immediately after stating that the suit is for recovery of Rs.94, 000/- - In paragraph 6 of the plaint also it is..........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 2(3)-- Cheque dishonoured - Suit for recovery of money - Summons clearly informed the defendant that he was required to appear within ten days from the service - Appearance beyond the stipulated time - Defendant filed no application for condoning delay in entering appearance - Allegations in plaint..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138-- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will not affect the..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 2, 3-- Summary suit - Plaintiff-tenant filed suit against landlord for recovery of Rs.50 lacs given to the defendant as security and Rs.10, 55, 000 by way of interest - Claim for interest not based on any agreement or any enactment - Relief not in terms of O.37.R.2 - Summary suit not tenable -..........
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...........

Showing : 251-260 of 299 Results