Search Results for "Summary Procedure"

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...

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Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

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Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

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Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...