Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A, Limitation Act, 1963, Section 5 -- Eviction - Leave to defend - Condonation of delay - Even one day delay by a tenant in filing leave to defend cannot invoke the provision of Limitation Act for condonation of delay under Act of 1949...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of Sulpha (charas) - Appeal against acquittal - Leave to defend - Material contradictions and discrepancies in the statement of PWs regarding search and seizure - There was delay in sending samples as well as special report to Area Magistrate - No..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd), 2(ee) -- Leave to defend - NRI landlord - Question arose to whether a foreign citizen can claim to be NRI in pending consideration before Supreme Court - Held, where conditions mentioned u/ss. 2(dd), 2(ee) are fulfilled, every Court is bound to adjudge what is brought for adjudication - Moreover, Rent Act gives..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - Leave to defend - Landlord seeking eviction of several tenements - A tenant obtained stay order could hardly be a ground to deny consideration of bonafides of landlord - As landlord who seeks for eviction of several tenements may come by several obstructions and it is not possible..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Tenant put in appearance within specified period of 15 days and moved application seeking leave to defend - Mere ground that summons were not issued on specified Porforma under Act, has not caused any prejudice and not defeated right to seek leave to defend in any manner - Petition Dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Revision petitioner were required to file an affidavit stating ground on which he seeks to contest eviction application - Tenant have not come up with any legal or factual plea to make out a ground to allow leave to defend - Held, Tenant liable to be evicted...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
