Showing : 171-180 of 185 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 -..........
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...........
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, 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, 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..........
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..........
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..........
BOMBAY HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 37, Rule 3(3), Partnership Act, 1932, Section 32(3)-- Proviso - Partnership firm - Summary suit - Leave to defend - One of the defendants stating on affidavit that he had retired from the firm prior to the suit transaction - Plaintiff found to have dealt with the firm without knowledge of the said defendant's retirement - In view of S.32(3) and its..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5), 6(a) & (7)-- Summary suit - Summons for judgment served - Defendant on date of hearing sought extension of time for filing petition to defend - Time granted - Cannot be said that Court has acted without jurisdiction in extending time for filing application for leave instead of straight away passing decree - No..........
GUJARAT HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 37-- Summary suit - Leave to defend - Conditional leave to defend to be granted where defence appears to be dishonest or frivolous or contentions do not raise a triable issue - Otherwise the Court should grant unconditional leave to defend...........

Showing : 171-180 of 185 Results