Money suit -- Recovery suit for money based on dishonoured cheques - Cheques in question were dishonoured for insufficiency of funds - Notice issued by plaintiff was not replied by defendant - PW2 who was a witness to transaction found to be reliable witness and nothing has been brought to notice of Court to discredit the witness - Trial Court rightly rejected the defence..........
Money suit -- Writ petition for recovery of money due and payable under the bills/invoices - Earlier to that civil suit filed which was dismissed in default and restoration application was filed - Before that writ petition filed and same was allowed - Writ petition for recovery of money under the bills/invoices is not maintainable particularly when writ petitioner availed..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence put up by defendants in the application for leave to defend boarders on peripheral issues and not on main issue relating to question as to whether they owe money to the plaintiff - Defence put by defendants in their application for leave to defend appears to be illusory..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Limitation Act, 1963, Article 1 -- Limitation - Suit for recovery of money - Parties had agreed and proceeded with two independent transactions leading to two independent obligations i.e one being obligation on part of plaintiff to pay rent to defendant and other being obligation on part of defendants to repay the loan to plaintiff - Art.1 of Scheduled to Limitation Act..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - When there is an admission regarding issuance of cheque in connection with a money transaction either as security or in lieu of cash, initial onus lies on plaintiff to prove due execution would stand discharged - Presumption available u/s 118 of the Act including one that..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
