Search Results for "Order XXXVII CPC"

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Search Results for "Order XXXVII CPC"

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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...

High Court

Gujarat High Court Dismisses Petition Challenging Conditional Stay in Commercial Suit Execution. Condition to Deposit Entire Decreetal Amount for Stay of Ex-Parte Decree Upheld as Valid Exercise of Appellate Court's Discretion Under Order XLI Rule 5 CPC.

6 Mar 2026

The petitioners, Jai Mata Engineering Limited and another, were defendants in Commercial Civil Suit No. 7 of 2023 before the Principal Senior Civil Ju...

High Court

High Court Sets Aside MACT Order Deleting Insurance Company in Motor Accident Claim -- Premature Deletion Without Evidence Violates Natural Justice -- Reinstatement of Party for Proper Adjudication Under Motor Vehicles Act

12 Jan 2026

The High Court of Bombay at Goa allowed a writ petition challenging an order of the Motor Accidents Claims Tribunal (MACT) that deleted Bajaj Allianz ...

Supreme Court

Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

11 Jan 2022

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

3 Aug 2019

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

High Court

Bombay High Court Modifies Stay Order in Motor Accident Claim Appeal — Insurer Directed to Deposit 50% of Awarded Amount for Claimant's Withdrawal. Appellate Court's Discretion Under Order 41 Rule 3 CPC Allows Imposition of Deposit Condition While Granting Stay of Execution of MACT Award.

22 Aug 2014

The present matter involves two civil applications arising out of First Appeal No.631 of 2012 filed under Section 173 of the Motor Vehicles Act, 1988 ...

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

High Court of Bombay at Goa Allows Extension of Time to File Written Statement in Motor Accident Claim Petition — Order 8 Rule 1 CPC Not Applicable. The court held that Rule 300 of the Goa Motor Vehicles Rules, 1991 does not include Order 8 Rule 1 CPC, and the Tribunal has discretion to extend time for filing written statement under Rule 292.

12 Jan 2012

The petitioner, Mr. Braz Dias, filed a writ petition challenging an order of the Motor Accident Claims Tribunal, Margao, which rejected his applicatio...

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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