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Search Results for "unconditional leave"

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Supreme Court

Supreme Court Dismisses Contempt Petition for Non-Compliance of Interim Order in Property Sealing Case. Court finds no wilful disobedience as authorities acted under High Court's demolition order and subsequent stay was not communicated.

30 Jan 2026

The present contempt petition was filed by Bharat Kumar Badlani against the Deputy Commissioner, Vigilance, Nagar Nigam Heritage, Jaipur; the Director...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Upholds Employer's Acceptance of Voluntary Retirement Under Modified Voluntary Retirement Scheme (MVRS). Resignation Submitted Under MVRS Was Unconditional and Could Not Be Withdrawn After Acceptance, as Per Scheme Terms Under Clause 5.1.

27 Sep 2021

The dispute arose from the respondent's resignation under the Modified Voluntary Retirement Scheme (MVRS) introduced by the appellants, a public secto...

Supreme Court

Supreme Court Dismisses Review Petitions in Interest on Delayed Payments Case — Limitation Bar Upheld. Payment under Section 19 of Limitation Act, 1963 requires pleading and proof; Section 14 exclusion not available for different entity.

18 Dec 2019

The Supreme Court dismissed three review petitions filed against its common judgment dated 23.01.2019, which had dismissed civil appeals by M/s Shanti...

High Court

Bombay High Court Dismisses Appeal by Official Liquidator Against Summary Decree for Non-Filing of Written Statement. Failure to Raise Defence Despite Leave to Defend Granted Under Order 37 CPC Leads to Dismissal of Appeal.

24 Sep 2013

The respondent, Prabha P. Shenai, instituted a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against M/s. Crown Maritime Comp...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Education Loan Recovery — Triable Issues Raised Regarding Bank's Negligence and Limitation. The court held that where a defendant raises a plausible defence involving disputed questions of fact, unconditional leave to defend must be granted under Order 37 Rule 3 of the Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Dena Bank, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against defendant nos. 1 to 3 (borrower, co-borrow...

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 Dismisses Summons for Judgment in Licence Fee Dispute — Triable Issues Raised. The Court held that the Plaintiff's claim for balance licence fee after demolition of antenna by Municipal Corporation raised triable issues regarding breach of contract and entitlement, warranting unconditional leave to defend under Order 37 CPC.

22 Jul 2011

The Plaintiff, Nemichand Jain, filed a Summary Suit against the Defendants, M/s. Vodafone Essar Limited and Sandeep Thakur, based on a licence agreeme...

High Court

Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Rs. 8.67 Crores Based on Share Buyback Agreement — Triable Issues Raised Regarding Non-Performance of Conditions Precedent and Liability of Defendant. The court held that where the claim is for liquidated damages for breach of a buyback agreement, it may not be a liquidated demand under Order 37 CPC, and the defendant is entitled to unconditional leave to defend if triable issues are raised.

19 Oct 2005

The plaintiff, Niskalp Investments & Trading Company Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defen...

High Court

Bombay High Court Dismisses Revision Against Order Granting Unconditional Leave to Defend in Summary Suit for Recovery of Possession and Arrears of Rent. Tenant's Defence Raising Triable Issues Regarding Title and Attornment Entitles Tenant to Leave to Defend Under Order 37 CPC.

30 Nov -0001

The present civil revision application was filed by the Indian Oil Corporation Ltd. (the original defendants) against the order dated 30-01-2013 passe...

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