Showing : 121-130 of 186 Results

BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Requirement before a summary suit lies are : (1) There must be a concluded contract; (2) The contract must be in writing; (3) The contract must contain an express or implied promise to pay...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Acknowledgments, writing or receipt - Not possible to lay down any precise test as to when a summary suit would lie on an acknowledgment writing or receipt - That would depend firstly on the document itself, the practice, usage and customs of the trade as also the facts of each..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Tests are : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or reasonable..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Leave to defend - Principles governing : (a) If the defendant satisfies the Court that he has a good defence to the claim on merits, the defendant is entitled to unconditional leave to defend; (b) If the defendant raises a triable issue indicating that he has a fair or bona fide or..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13-- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, 105(1), Order 37, Rule 3(5)-- Summary suit - Leave to defend - Refusal - Decree passed could either be under O.37.R.3(6) or it could be based on affirmative evidence and the documents produced or even based on oral evidence - In case appellate Court set asides the order and gives defendant leave to defend then decree that is..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 96, Order 37, Rule 3(5), Constitution of India, 1950, Article 227-- Summary suit - Leave to defend - Dismissal of application - Final judgment and decree passed - Appeal thereagainst lies u/s 96 CPC - Instead of filing an appeal a petition under Article 227 of Constitution of India filed - Ordinarily when an appeal lies petition under Article 227 of Constitution..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 105(1), Order 37, Rule 3(5), 3(6), 4-- Theory of `Dependent Order' - Applicability - Summary suit - Application for grant of leave to defend refused by Court - Final judgment and decree passed - Appeal not filed - Application under Article 227 filed - Order refusing leave to defend set aside - Decree passed not to go automatically -..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend refused - Passing of decree automatic and consequent...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 37, Rule 2-- Summary suit - Unconditional leave to defend - Contract contemplating reciprocal promises - Plaintiff to seek specific performance of contract in case there is breach by defendant - Issue raised by defendant as to maintainability of suit entitles him for grant of unconditional leave to defend the..........

Showing : 121-130 of 186 Results