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Results of summary suit

Showing : 251-260 of 288 Results

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 - Unconditional leave to defend..........

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. (Limitation Act, 1963, S.5, Arts...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error apparent on face of record - Summary suit - Exparte decree - Setting aside - Court proceeded on basis that defendant has shown sufficient cause or such sufficient cause can be accepted by imposing costs - But Court should have applied principle of `special circumstances' - It is an error apparent on the face of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1998
Details

Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........

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...........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Civil Procedure Code, 1908, Section 10, Order 37 -- Stay of subsequently instituted suit - Provision is applicable to summary suit filed under Order 37 of the Code only after the Court or Judge grants leave to the defendant to contest the suit...........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Civil Procedure Code, 1908, Order 37 -- Summary suit on Bills of Exchange by Bank - Acceptor sought leave to defend alleging execution without consideration and fraud etc. between officers of Bank and drawer of Bills - Trial Judge refused the leave - High Court taking the view that appellant has absolutely no prima facie case - In identical matters leave granted - In such..........

SUPREME COURT OF INDIA

Year of decision: 1998
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend, grant of - Summary suit by Bank as amounts under bills of exchange not paid by defendant when presented - Bank continued to pay large amounts of bills of exchange accepted by defendant who was already a defaulter - Leave to defend sought contending that bills of exchange executed without consideration and..........

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 direction as to payment..........

Showing : 251-260 of 288 Results