Showing : 51-60 of 293 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summons - Summons were ordered to be issued for respondent - Purpose contained in order was issuance of summons as required u/O.37.R.2 CPC subject to filing of process fee, copies of plain and documents - Admittedly, respondents were not served afresh in compliance with order - Held, that in veiw..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - No suit U.O.37 CPC can be maintained on scree, shot of an SMS and same does not qualify as a written contract within meaning of O.37 CPC...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 87, 5-- Summary suit - Cheque - Material alterations - Once the cheque is returned unpaid for the reason of having been altered, the same ceases to be a bill of exchange within meaning of S.5 of Negotiable Instruments Act, 1881 for suit U.O.37 CPC to be maintained thereon unless such alteration is..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act -..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 2(3)-- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Recovery of unsecured loan - Leave to defend - Defence disclosed by defendant is riddled with serious contradictions and does not inspire confidence - Infact, sham and illusionary defence is set up by defendant - Being an unsecured loan, it was expected that rate of interest would..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Once suit amount claimed in suit is not the amount which directly arises in terms of liquidated amount stated in written document or a dishonoured bill of exchange or a cheque, then suit would not be maintainable U.O.37 CPC...........
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..........

Showing : 51-60 of 293 Results