Showing : 171-180 of 201 Results

RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Summary suit on basis of pronote - Defendant disputing execution and amount of pronote and pleading payment as also other pleas as to deficiency of stamp on pronote and money lending licence - Held, triable issues are raised as such leave to defend rightly granted...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Receipt unstamped - Summary suit is not maintainable - In a summary suit admissibility of documents has to be seen at the time of filing of the suit - Contention that on payment of penalty receipt can be admitted in evidence - Not tenable...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2-- Summary suit - Leave to defend - Interest in addition to principal sum claimed - Receipt in question silent in regard to payment of interest and rate thereof - In absence of any stipulation regarding payment of interest and rate of interest the same can be decided only on basis of evidence to be..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Suit to enforce bank guarantee - In absence of pleading as to fraud and finding thereto unconditional leave to defend cannot be granted...........
ALLAHABAD HIGH COURT
Year of decision: 2000
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31, Civil Procedure Code, 1908, Order 37-- Summary suit by Bank - Suits of all kinds including summary suit and other proceedings covered by S.31 - Consequently summary suit also stands transferred to Tribunal and only ministerial act of transmission is left to the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-Proviso - Leave to defend - Summary suit on basis of bills, acknowledgment and pronote - Defendant disputing only part of claim - Unconditional leave cannot be granted - Defendant must pay undisputed amount of claim as a condition of leave to defend against the disputed claim...........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Suit for recovery - Defendant admitting receipt of goods and having made part payment - Objection as to quality or quantity not raised at the time of delivery - Reply not given by defendant to the letter of demand nor any objection to the documents submitted by the plaintiff - It..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Summary suit - Leave to defend - Unconditional leave granted by High Court without assigning reasons - Matter remitted to High Court for deciding application afresh - Attachment of entire property ordered till disposal of application afresh by High Court...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Document relied upon - Furnishing of copies - Not mandatory - Non supply thereof would not render the service of summons U.O.37 nugatory - Defendant though not supplied copies had in fact inspected Court records - Objection in respect thereof not tenable...........
DELHI HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Suit based on dishonoured cheques and hundis - But not a single dishonoured cheque filed - Nor any hundi found to be accepted by defendant - Summary suit not maintainable...........

Showing : 171-180 of 201 Results