Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Dishonour of cheque - Allotment of plot - No liability admitted on the part of defendants which would entitle plaintiff to institute a suit U.O.37 CPC - Cheque issued by defendant could be treated at the best, as part payment towards repurchase of nine flats from plaintiff - Remedy of plaintiff does not..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery decreed - Claim of interest - Cause of action jointly and severely against two defendants - Claim against two defendants is on same footing - Decree for recovery of amount passed against defendant No.1 - Plaintiff denied the interest against defendant No.1 for the reason that contract governing parties had..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Debenture Trust Deeds - Invocation of unconditional corporate guarantee - Sum of Rs.418 Crores paid by Dutch company to Indian company for purchase of shares as well as compulsorily convertible debentures - Transaction itself is not violative of FEMA Regulations - Suit filed on Invocation of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defendant - Defendant sought to be raised by defendant No.1 is sham, moonshine and not plausible - Leave to defend to defendant No.1 not granted...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Application for leave to defend filed on 10th day at 6.00 pm beyond Court hours - Trial Court endorsed the receipt of such application though filed beyond the Court hours but dismissed the application - Once application was accepted, delay of one day, if any while computing the..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - No suit U.O.37 CPC can be maintained on scree, shot of an SMS and same does not qualify as a written contract within meaning of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 87, 5 -- Summary suit - Cheque - Material alterations - Once the cheque is returned unpaid for the reason of having been altered, the same ceases to be a bill of exchange within meaning of S.5 of Negotiable Instruments Act, 1881 for suit U.O.37 CPC to be maintained thereon unless such..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
