Search Results for "Summary Procedure"

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Search Results for "Summary Procedure"

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High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

29 Jul 2019

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

High Court

Bombay High Court Considers Validity of Departmental Inquiry Against Headmaster Under MEPS Rules, 1981. Alleged Procedural Violations Including Defective Inquiry Committee and Denial of Statement of Allegations Examined.

21 Dec 2006

The petitioner, a Headmaster of a private school governed by the MEPS Act and Rules, challenged his termination following a departmental inquiry. The ...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Unpaid Freight Charges Due to Triable Issues. Oral assurance for credit period and freight prepaid arrangement creates disputed questions of fact requiring trial under Order 37 CPC.

28 Jul 2011

The plaintiffs, IAL Logistics India, a freight forwarding company, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against d...

Supreme Court

Supreme Court Dismisses Accused's Appeal in Murder Conviction Upholding High Court's Enhancement of Sentence. State's Appeal Against Acquittal for Murder Deemed Competent Under Section 417 of the Code of Criminal Procedure, 1898, Despite Accused's Appeal Being Summarily Dismissed, as Section 369 Applies to Courts of First Instance.

30 Oct 1968

The appeal arose from a conviction for culpable homicide not amounting to murder, which was subsequently enhanced to murder by the High Court upon a S...

High Court

Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

13 Dec 2023

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

High Court

Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

17 Feb 2009

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...

High Court

Bombay High Court Allows Appeal in Summary Suit Dispute Over Dishonoured Cheque — Triable Issues Raised Regarding Loan Repayment and Liability of Guarantors. Court sets aside summary judgment and grants unconditional leave to defend, holding that the appellants raised triable issues including whether the loan was repaid and whether the guarantors were discharged.

17 Dec 2016

The case arises from a summary suit filed by Anthony Maharaj (respondent) against Morpheus Media Ventures Pvt. Ltd. and others (appellants) for recove...

High Court

Bombay High Court Allows Amendment of Plaints in Commercial Summary Suits for Recovery of Money Lent — Amendments Based on Existing Documents and Admissions of Liability Do Not Introduce New Cause of Action. The court held that since trial had not commenced, the proviso to Order 6 Rule 17 CPC was not attracted, and the amendments were allowed subject to costs.

27 Feb 2024

The judgment concerns three interim applications filed by the original plaintiffs in Commercial Summary Suit No. 13 of 2011, Commercial Summary Suit N...

High Court

Bombay High Court Allows Section 8 Application and Refuses Summary Judgment in Commercial Suit for Recovery of Rs. 54.46 Crores. The court held that the existence of an arbitration agreement in the overarching Logistics Agreement and Product Purchase Agreement mandates reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, barring the court from passing a decree in the summary suit.

12 Mar 2018

The plaintiff, Drive India Enterprise Solutions Ltd., filed a summary suit against the defendant, Haier Telecom (India) Pvt. Ltd., seeking a money dec...

High Court

Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

3 Dec 2014

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

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