Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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High Court

Scope of Commercial Disputes under the Commercial Courts Act: Assignment of Debt Outside Ambit of Section 2(1)(c). A dispute must arise from ordinary transactions of merchants, bankers, financiers, or traders to qualify as a commercial dispute under the Commercial Courts Act, 2015.

11 Nov 2024

Heading 1: Nature of the Suit and Interim Application The suit was filed as a summary suit under Order XXXVII of CPC for recovery of Rs. 800 crores...

Supreme Court

Appeal Dismissed as Infructuous After Final Decree in Suit. Supreme Court dismisses appeal against High Court order due to subsequent final decree in the suit, rendering the appeal moot.

14 Jun 2024

Civil Appeal arises from the Order passed by the High Court of Karnataka on 21st March 2022 in Writ Petition No. 10975 of 2020 (GM-CPC). The High Cour...

Supreme Court

Supreme Court Dismisses State's Challenge to Lotteries Regulation Act Provisions as Unconstitutional. Court upholds Sections 5, 6, 7, 8, 9 of Lotteries (Regulation) Act, 1998 and Rule 5 of Lotteries (Regulation) Rules, 2010 as valid and within legislative competence.

11 May 2023

The State of Meghalaya filed Original Suit No. 1 of 2021 in the Supreme Court of India under Article 131 of the Constitution, challenging the constitu...

High Court

Bombay High Court Allows Appeal in Arbitration Reference Case — Leave to Defend Application Not a First Statement on Substance of Dispute. Filing of application for leave to defend under Order 37 CPC does not constitute submission of first statement on substance of dispute, and application under Section 8 of Arbitration and Conciliation Act, 1996 filed before written statement is within time.

9 Apr 2018

The appellant, Haier Telecom (India) Pvt. Ltd., was the defendant in a summary suit filed by the respondent, Drive India Enterprise Solutions Ltd., fo...

High Court

Bombay High Court Allows Winding Up Petition Against Debtor Company for Non-Payment of Decretal Debt. Decretal debt remains due and payable despite unsuccessful attempt to set aside ex-parte decree; no bona fide defence raised.

26 Mar 2014

The petitioner, Gati Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against the respondent, Atcom Technologie...

High Court

Bombay High Court Allows Summary Judgment in Favor of Rabo Bank in Bill of Exchange Collection Dispute — Defendant Bank Liable for Accepted Drafts Under Negotiable Instruments Act. The court held that the defendant's acceptance of bills of exchange created an unconditional liability to pay, and the defenses raised were not triable issues under Order XXXVII CPC.

15 Oct 2013

The plaintiffs, Rabo Bank, a banking organization incorporated under the laws of Nederland with a Singapore branch, filed a summary suit under Order X...

High Court

Bombay High Court Grants Summary Judgment for Recovery of Goods Sold and Delivered in Commercial Dispute. Defendant's Failure to File Affidavit in Reply and Admission of Liability Leads to Decree Under Order XXXVII CPC.

1 Oct 2012

The plaintiff, Dongreen Resins & Chemicals Private Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the d...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Salary and Perks Under Order XXXVII CPC — Disputed Employment Contract Raises Triable Issues. Court Held That Defendant Raised Triable Issues Regarding Terms of Appointment, Termination, and Quantum of Claims Under Offer of Appointment Dated 6th February 2008.

19 Jun 2012

The plaintiff, Dr. K.D. Mehru, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against M/s. Cosmos Brands Distributors P...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Cheque Dishonour Case — Defendant's Admission of Liability and Failure to Disclose Triable Issues Leads to Decree. The court held that a bare assertion without documentary evidence does not constitute a triable issue under Order 37 CPC.

14 Dec 2005

The plaintiff filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, to recover amounts lent and advanced to the defendant, based o...

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