Search Results for "Summary Procedure"

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's unconditional leave to defend application is not maintainable as no triable issues raised.

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII o...

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Bombay High Court Allows Petition in NI Act Case — Remand for De Novo Trial Quashed. Trial Conducted as Summons Case, Not Summary Trial, Hence No Prejudice to Accused Under Section 143 of Negotiable Instruments Act, 1881.

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Sessions...

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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay.

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recov...

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Bombay High Court Dismisses Informant's Petition for Additional Charge in Summary Trial Case. Court holds that once charge is framed under Section 211 CrPC, no further charge can be added in a summary trial as per Section 262 CrPC.

The petitioner, Jainab Sayyed Akhtar Ali, the original informant, filed a criminal writ petition before the Bombay High Court at Aurangabad challengin...

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Bombay High Court Allows Petition to Quash Complaint in NI Act Case Due to Non-Compliance with Summary Procedure. Trial Court's Rejection of Dismissal Application Set Aside for Failure to Follow Section 262 CrPC Read with Section 143 NI Act.

The petitioner, Dipak Chandrakant Shirke, was the accused in Summary Criminal Case No.3624 of 2007 pending before the 8th Judicial Magistrate First Cl...