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Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...

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Supreme Court Dismisses Assessee in Income Tax Appeal Over TDS Disallowance. Disallowance of Rs. 57,11,625 upheld under Section 40(a)(ia) of Income Tax Act, 1961 as assessee failed to deduct tax at source on payments exceeding Rs. 20,000 per goods receipt to truck operators under Section 194C.

The dispute arose from an income tax assessment for the year 2005-2006 involving Shree Choudhary Transport Company, a partnership firm engaged in tran...