Search Results for "Order XXXVII"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Order XXXVII"

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High Court

Bombay High Court Dismisses Commercial Suit for Specific Performance Due to Non-Disclosure of Cause of Action and Lack of Readiness and Willingness. Plaintiff failed to prove readiness and willingness to perform her part of the agreement and did not disclose a valid cause of action for specific performance of an agreement to sell.

1 Sep 2023

The plaintiff, Miloni Shah, filed a Commercial Suit seeking specific performance of an agreement to sell dated 15th March 2019, allegedly entered into...

High Court

Bombay High Court Allows Section 8 Application and Refuses Summary Judgment in Commercial Suit for Recovery of Rs. 54.46 Crores. The court held that the existence of an arbitration agreement in the overarching Logistics Agreement and Product Purchase Agreement mandates reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, barring the court from passing a decree in the summary suit.

12 Mar 2018

The plaintiff, Drive India Enterprise Solutions Ltd., filed a summary suit against the defendant, Haier Telecom (India) Pvt. Ltd., seeking a money dec...

High Court

High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

30 Jan 2015

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Res Judicata Plea Rejected. The court held that a subsequent suit for declaration and possession is not barred by res judicata when the earlier suit was dismissed for want of evidence and the subsequent suit is based on a different cause of action.

8 Jul 2014

The petitioner, defendant No.2 in the suit, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

High Court

Bombay High Court Upholds Dismissal of Bank Employees in Theft Case — Misconduct Established in Domestic Enquiry. Theft of Rs.22,21,381 using duplicate keys held to be gross negligence and dishonesty under Standing Orders.

7 Jan 2014

The petitioner, The Ahmednagar District Central Co.op. Bank Ltd., filed a writ petition challenging the order of the Industrial Court, which had set a...

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 Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

7 Jan 2013

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Payment Under RBI Scheme of Amalgamation — Plaintiff Not Registered Shareholder on Prescribed Date. Claim for Rs.28 per share under Scheme of Amalgamation of United Western Bank with IDBI Bank Ltd. fails as plaintiff was not a registered shareholder on the record date.

27 Jul 2012

The plaintiff, Speed Trade Securities Private Limited, filed a summary suit against IDBI Bank Ltd. seeking payment of Rs.28 per share for 15,000 share...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Recovery Suit Under Order XXXVII CPC — Defendant's Unconditional Leave to Defend Denied Due to No Triable Issue. The court held that the defendant's defence of defective work was not bona fide and no triable issue was raised, as the defendant failed to provide particulars of defects or evidence of set-off.

21 Jun 2012

The plaintiff, M/s. Good Earth Minerals Private Limited, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the def...

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...

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