Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Recovery suit - Documents placed on record would show that dispute is fully covered under the provisions of O.37 of CPC - Documents also leave no room for doubt that cheque issued by defendant stands dishonoured due to `Insufficient Funds' - In criminal complaint filed u/s.138 of N.I. Act, defendant had..........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 37, Rule 7 -..........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Dispute regarding contract between parties - Defendant guarantor for repayment of amount due and payable to plaintiff - Two triable issues raised as to whether letter written by defendant to plaintiff was guarantee and whether same encompasses claims against other defendants - Held,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Contract Act, 1872, Section 139 -- Summary suit - Leave to defend - Suit against borrower and guarantors - Guarantors seeking permission to defend suit - Leave to defend can be granted if a triable issue is made out - A triable issue is not made out on the basis of S.139 of Contract Act - Liability of guarantor is equal to..........
J&K Arbitration and Conciliation Act, 1997, Section 37(3), Civil Procedure Code, 1908, Section 100(1) -- Order passed by District Judge while hearing appeal under S.37 - Second appeal against said order - Not maintainable in view of S.37(3) of Act...........
Civil Procedure Code, 1908, Section 122, Order 37, Rule 3(5) -- Calcutta High Court(Original Side) Rules, Chapter XIII-A Recovery suit - Chapter XIII-A Original Side Rules - Invocation of - Suit has been filed by plaintiff to recover a debt and/or liquidated amount of money claimed to be payable by defendant to plaintiff with interest - Claim arises out of a contract -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 37 -- Injunction - Necessary party - Impleadment of - Dispute regarding property of mother of petitioner/plaintiff and respondent/applicant (brother of petitioner/plaintiff - Present suit has been filed by petitioner/plaintiff without impleading respondent/applicant his brother as a party and..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on a guarantee - Claim of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Money suit - Legally enforceable liability - Defendant issued a cheque for a sum of Rs.1,00,000/- and same was dis-honoured - Plaintiff instituted complaint against defendant u/s.138 of N.I. Act and later on same was withdrawn - Held, withdrawal of said complaint would only go to indicate that there was no legally enforceable..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Purchase order was placed by plaintiff with defendant for supply of material - Goods were transported under ownership - G.R.Receipt was to be obtained by consignee from bank after making payment - On production of said G.R.Receipt carrier was to deliver goods to consignee - Plaintiff not mentioned in his..........
