Search Results for "Triable Issue"

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High Court of Karnataka Allows Revision Petition in Negotiable Instruments Act Case — Conviction Set Aside Due to Non-Examination of Complainant. Failure to examine complainant under Section 200 CrPC renders complaint not maintainable and conviction unsustainable.

The petitioner, Sri B G Uday, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, chal...

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Bombay High Court Allows Summary Judgment in Favor of Negotiating Bank in Letter of Credit Dispute. Issuing Bank's Acceptance of Documents Under Irrevocable LC Is Final and Cannot Be Revoked Based on Allegations of Forgery Without Evidence.

The plaintiff, Malayan Banking Berhad, a Malaysian bank, filed a summary suit against Indusind Bank Limited, an Indian bank, claiming Rs. 3,47,87,865....

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Bombay High Court Dismisses Petition Challenging Rejection of Leave to Defend in Summary Suit — Petitioner Failed to Show Triable Issues or Substantial Defence. Order 37 CPC Leave to Defend Denied as Petitioner's Defence Was Vague and Lacked Particulars.

The petitioner, M/s. Prahaar Enterprises, a proprietary firm, filed a writ petition challenging the order of the trial court dated 18th January 2011, ...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Bombay High Court Dismisses Tenant's Second Appeal in Eviction Suit for Bonafide Need of Landlords. Concurrent Findings of Fact on Bonafide Requirement Cannot Be Interfered With Under Section 100 CPC.

The appellant, Vijay Shrihari Khandar, was a tenant in a part of a house bearing No.31 C.T.S. 2035, Sheet No.8 at Ramtek, owned by the respondents, Sh...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...