Showing : 71-80 of 316 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit for recovery - Maintainability - Suit by a lender for recovery of balance amount of money out of amounts lent to defendant - Amount claimed in suit would be the balance due at the foot of account after taking various repayments by defendant - Cause of action in plaint would not..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defendant admitted part of the amount claimed - Said amount would partake the character of `admitted amount' as indicated in O.37.R.3(5) CPC - Leave to defend allowed to defendant subject to condition that he shall deposit admitted amount in Court...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Appearance in suit - Filing of vakalatnama would amount to appearance in as much as there is no mandate and compulsory form which must be filed as an appearance in suit...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 3-- Summary suit - Acknowledgment of amount due and issuance of cheques - Summary suit is maintainable - Leave to defend application dismissed for no, prosecution - Suit decreed - Interest payable 12% in case decretal amount is paid within three months and if not paid within three months then interest..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend would be granted if it is shown that defendants are raising triable issues and their plea is at least bona fide and plausible and not sham or illusionary or practically moonshine...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Recovery suit - Leave to defend - Suit based on various bills and purchase orders, which have been placed on record - Defendant signed and acknowledged the receipt, amounts payable and contents of such bills raised by plaintiff enumerating all contractual obligations including payment terms agreed..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - O.37 CPC is craved out as an exception to general rule of following principles of natural justice, as the subject matter of said provision deals with written instruments which on their fact ex facie show existence of liability of defendants and such instruments being dishonoured..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - O.37 CPC never allows filing of summary suit if amount which is claimed is the balance due at the foot of account...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - O.37 CPC is maintainable with respect to principle amount provided that it is that principal amount which is claimed along with interest arising thereon as stated in written agreement...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - No averment in plaint referring to any specific document being written contract between parties containing liquidated amount as due and payable by defendant to plaintiff - Not even any supporting statement of account showing figure as balance due at the foot of..........

Showing : 71-80 of 316 Results