Search Results for "Summary Procedure"

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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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 Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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High Court of Karnataka Dismisses Appeal by Union of India in Army Dismissal Case Due to Procedural Irregularity. Summary Court Martial Conducted Without Following Mandatory Procedure Under Army Rules 22-24 and Section 80 of Army Act, 1950 Renders Dismissal Void.

The Union of India, Ministry of Defence, and other appellants challenged an order dated 5th September 2001 passed by a learned Single Judge of the Kar...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Revision Against Addition of Charges at Final Stage in Summary Trial - Prejudice to Accused. Addition of charges under Bombay Prohibition Act and Motor Vehicles Act after evidence closed held to cause prejudice in summary trial.

The petitioner, a police driver, was prosecuted for an incident on 1-1-1987 under Sections 279, 337, 427 IPC and Section 117 of the Motor Vehicles Act...

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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.

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...

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Bombay High Court Acquits Accused in Prohibition Act Case Due to Procedural Irregularity and Lack of Evidence. Summary Trial Cannot Impose Sentence Exceeding Three Months Under Section 65(e) of Bombay Prohibition Act, 1949.

The case involves a criminal revision application filed by Najuk Sitaram Madavi against his conviction under Section 65(e) of the Bombay Prohibition A...