Search Results for "Order XXXVII CPC"

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Madras High Court Dismisses Revision Against Order Allowing Production of Original Documents in Summary Suit. Order XXXVII Rule 7 CPC permits application of general CPC provisions for filing originals of photocopies already on record.

The respondent/plaintiff filed a summary suit for recovery of money under Order XXXVII CPC. Along with the plaint, he filed 22 documents, of which 7 w...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Grants Summary Decree in Favor of Plaintiff for Recovery of Outstanding Amount for Supply of Ready-Mix Concrete. Court holds that defendant failed to appear despite service, and plaintiff established a prima facie case for summary judgment under Order XXXVII of CPC.

The plaintiff, Skyway RMC Plants Pvt. Ltd., instituted a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908, for recovery...

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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.

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...

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Bombay High Court Grants Summary Judgment for Recovery of Price of Goods Sold and Delivered Under Order XXXVII CPC — Defendant Fails to File Reply to Summons for Judgment. Interest Reduced from 18% to 12% per annum as Court Exercises Discretion Under Order XXXVII Rule 3(6)(a) CPC.

The plaintiff, Chandur Moriani, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Vinod Gada, for r...