Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Letter of Credit - Law of injunction against honoring Letter of Credit by a bank summed up as follows: (i) Court must be slow in granting an order of injunction restraining realization of a bank guarantee or Letter of Credit; (ii) There are two exceptions to above rule: (a) it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38 -- Banking law - Law of injunction - Injunctions against negotiating banks for making payments to beneficiary must be given cautiously as constant judicial interference in normal practices of market can have disastrous consequences as it affects the trustworthiness of Indian banks..........
Civil Procedure Code, 1908, Order 37, Rule 3(6)(b) - - Summary suit - Non filing of written statement - No scope for any further enquiry - Court to proceed further on the basis that claim in the plaint is accepted - Plaintiff is entitled to judgment forthwith...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest & detention of J.D - Violation of decree of injunction - Civil prison is one of the modes of execution of decree for injunction as prescribed U.O.21.R.32 CPC - Execution petition, held, maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not taken into consideration..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex-parte decree - Setting aside - Cannot be allowed in routine - Special circumstances are required to be established - Special circumstances has to be construed having regard to individual fact situations - Court has to balance the equities and while safeguarding interest of plaintiff, appropriate conditions..........
Arbitration Act, 1940, Section 37, Limitation Act, 1963, Section 5, 14, Civil Procedure Code, 1908, Section 151 -- Limitation - Notice had been issued to petition on 17.07.2007 and objections had been filed on 21.09.2007 whereas original award was produced by Arbitrator on 14.11.2007, thereafter no objections had been filed and all were well aware of proceedings - held, it..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 1, Rule 8 -- Permanent Injunction - Plaintiff filed suit in representative capacity - Plaintiff did not prove on record by leading direct and cogent evidence much less documentary evidence that they were in possession of trees standing on land and ownership of trees vested in them - Injunction..........
Specific Relief Act, 1963, Section 37, 38, Electricity Act, 2003, Section 135, Civil Procedure Code, 1908, Section 100 -- Permanent Injunction - Theft of electricty - A hole in meter and three resistance wires of green color were found inside meter which slowed down the speed of electricity meter of appellant - Case of tempering with meter was found by..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Defendant who seeks setting aside of a ex parte decree has to make out special circumstances for same - Apart from sufficient cause, defendant would have to prove he has a good defence on merits...........
