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Search Results for "unconditional leave"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in Cross-FIR Case Between Advocates Due to Abuse of Process and Apology. Second FIR Registered as Counterblast to First FIR Was Deemed an Abuse of Law Under Sections 294(b), 323, and 506(1) of Indian Penal Code, 1860, and Quashed to End Protracted Litigation.

27 Mar 2025

The appeal arose from a dispute between two advocates practising in Kodaikanal, leading to cross-FIRs registered in December 2017. The first appellant...

High Court

Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

16 Apr 2018

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Goods Sold — Triable Issues Raised Regarding Quality and Rejection of Goods. The court held that where the defendant raises a triable issue, unconditional leave to defend must be granted, and the plaintiff cannot obtain a decree without trial.

13 Oct 2017

The plaintiff, Shree Pushkar Chemicals & Fertilizers Ltd., filed a Commercial Summary Suit against the defendant, Huntsman (International) India Pvt. ...

High Court

Bombay High Court Allows Writ Petition of Scheduled Caste Employee in Service Discrimination Case — Administrative Order Setting Aside District Judge's Decision Quashed. Court Restores Seniority and Promotion to Petitioner, Holding That Caste-Based Discrimination in Public Employment Violates Articles 14 and 16 of the Constitution.

21 Aug 2017

The petitioner, Dashrath Gangaram Gorme, was appointed as an English Section Writer on 29/12/1982 on the establishment of the District & Sessions Judg...

High Court

Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

21 Jun 2012

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

High Court

Bombay High Court Dismisses BCCI's Section 9 Petition for Enhanced Bank Guarantee in IPL Franchise Dispute. Court holds that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be used to modify or enhance security already ordered by consent, and that the petitioner failed to demonstrate any new circumstances warranting additional protection.

24 Feb 2012

The petitioner, Board of Control for Cricket in India (BCCI), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking a...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Expenses Due to Triable Issues. Agreement for Project Management and Development between Family Members Raises Questions of Authority, Consideration, and Entitlement to Reimbursement.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit for recovery of Rs. 3,70,20,410 with future interest against defendant No.1,...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

19 Jul 2011

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

High Court

Bombay High Court Grants Leave to Defend in Letter of Credit Dispute Due to Triable Issues on Quality of Goods and Fraud Exception. The court held that the defendant bank raised a triable issue regarding the quality of goods and the discount agreement, entitling it to unconditional leave to defend under Order 37 CPC.

4 May 2005

The plaintiffs, Dena Bank and another, filed a summary suit against Sonali Bank for recovery of US $1,50,103.79 with interest under a letter of credit...

High Court

Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

30 Nov -0001

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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