Search Results for "Order XXXVII"

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Search Results for "Order XXXVII"

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High Court

High Court Rejects Plaint in Money Recovery Suit - Applicant Application Under Order VII Rule 11(d) CPC Succeeds -Plaintiff' Suit Barred by Maharashtra Money Lending Act Due to Unlicensed Lending

21 Jan 2026

The High Court of Judicature at Bombay heard an interim application filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, ...

Supreme Court

Supreme Court Upholds Kerala HC's Decision Quashing Termination of Professor Despite Overstay of Leave Due to Health and COVID-19. Termination of services without proper procedure is invalid even if the employee overstayed sanctioned leave due to exceptional circumstances like health issues and pandemic.

4 Sep 2024

The Supreme Court dismissed the Special Leave Petition (SLP) filed by Kerala Agricultural University against the Kerala High Court's Division Bench ju...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Return in Summary Suit — Friendly Loan Not a Commercial Transaction Under Commercial Courts Act, 2015. The court held that a suit for recovery of a friendly loan filed under Order 37 Rule 2 CPC is not a commercial suit under Section 2(c) of the Commercial Courts Act, 2015.

6 Dec 2021

The respondent (original plaintiff) filed a Commercial Summary Suit under Order 37 Rule 2 of the Code of Civil Procedure, 1908 (CPC) against the petit...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Commercial Suit for Dishonour of Cheque — Bank's Defence of Missing Signature on Reverse of Cheque Rejected as Not Triable Issue. The court held that under the Negotiable Instruments Act, 1881, the signature on the face of the cheque is sufficient and the absence of signature on the reverse does not constitute a valid defence.

11 Aug 2021

The plaintiff, SKS Power Generation (Chhattisgarh) Ltd, filed a Commercial Summary Suit against Canara Bank for recovery of Rs. 1,00,00,000/- with int...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

29 Nov 2016

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

High Court

Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.

24 Aug 2012

The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...

High Court

Bombay High Court Dismisses Writ Petition Challenging CIDCO's Refusal to Grant Lease in Favour of Air India Employees' Cooperative Housing Society. Transfer of Land Allotted to Air India for Staff Quarters Requires Prior Permission of CIDCO Under New Bombay Disposal of Lands Regulations 1975.

24 Jul 2012

The petitioners, a cooperative housing society formed by employees of Air India, sought a writ of mandamus directing CIDCO to grant a lease in their f...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Allows Petition of Municipal Council President Challenging Disqualification Under Section 44(1)(e) of Maharashtra Municipal Councils Act, 1965. Construction by Trust on Trust Land Not Attributable to Councillor Merely Because Spouse is Trustee.

21 Oct 2005

The petitioner, Mrs. Sunita Vilasrao Salukhe, was elected as President of the Pandharpur Municipal Council on 10.12.2001 under Section 51 of the Mahar...

High Court

Bombay High Court Dismisses Appeal Against Conditional Leave to Defend in Summary Suit — Failure to Deposit Balance Amount Leads to Dismissal of Notice of Motion. The Court held that the Appellant failed to comply with the condition of depositing the balance 50% of the decretal amount and there was no real defence to the claim under Order XXXVII of the Code of Civil Procedure, 1908.

16 Mar 2005

The case involves an appeal by M/s. Asian Engg. Sales Corpn. against an order of a single Judge of the Bombay High Court dismissing their Notice of Mo...

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