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Search Results for "unconditional leave"

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High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Terms — No Willful Disobedience Established as Order Was Ambiguous and Compliance Was Substantial. The court held that ambiguity in the order must be resolved in favor of the alleged contemnor and that contempt requires proof of willful and deliberate disobedience beyond reasonable doubt.

4 May 2026

The contempt petition was filed by Dr. Hari Tulshiram Gholap and Dr. Prabiha Hari Gholap (original plaintiffs) against Shri Jitendra Rajaram Savant an...

Supreme Court

Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

20 Feb 2024

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

Supreme Court

Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

18 Jan 2022

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

Supreme Court

Supreme Court Allows Appeal in Summary Suit for Recovery of Dues — Conditional Leave to Defend Set Aside. Unconditional Withdrawal of Criminal Prosecution Under Negotiable Instruments Act and Lack of Explanation for Delayed Cheques Indicate No Admission of Debt, Entitling Defendant to Unconditional Leave to Defend.

15 Jul 2019

The Supreme Court considered an appeal against an order granting conditional leave to defend in a summary suit filed by Polycab Wires Pvt. Ltd. agains...

Supreme Court

Supreme Court Allows Appeal Against Unconditional Stay of Arbitral Award in Favour of State Government. Order XXVII Rule 8A CPC Does Not Mandate Unconditional Stay; Court Must Impose Conditions Under Section 36(3) of Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case arises from a dispute between PAM Developments Private Ltd. (appellant) and the State of West Bengal (respondent) concerning a tender for roa...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Remands for Trial on Admissions. The Court held that Order XII Rule 6 CPC requires clear and unequivocal admissions, and where the defendant disputes the genuineness of the agreement and receipt of consideration, the suit cannot be decreed summarily.

1 Jan 2019

The Supreme Court considered an appeal against the judgment of the Delhi High Court Division Bench which had allowed an application under Order XII Ru...

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

High Court of Karnataka Allows Refund of 75% Court Fee on Unconditional Withdrawal of Appeal Before Commencement of Hearing Under Section 66(2)(c) of Karnataka Court-Fees and Suits Valuation Act, 1958. Appellant Entitled to Refund as Withdrawal Was Unconditional and Before Hearing Commenced.

6 Jun 2018

The appellant, Sri Jagadeeshaiah, filed Regular First Appeal No.1475/2014 under Section 96 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Invoices, Setting Aside Condition of Deposit. Court holds that stand-alone invoices without a written agreement do not constitute a 'written contract' under Order 37 CPC, and prior pending suit for damages and specific performance raises triable issues entitling defendant to unconditional leave.

23 Mar 2018

The petitioner, Olive Tree Trading Pvt. Ltd., was the defendant in Special Summary Suit No. 153 of 2016 filed by the respondent, F.lli De Cecco Di Fil...

High Court

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.

5 Jan 2011

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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