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Search Results for "Leave to defend"

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High Court

Bombay High Court Allows Petition of Licensor in Eviction Dispute Under Maharashtra Rent Control Act — License Held for Residential Purpose. The court restored the eviction order of the Competent Authority, holding that the license was for residential purpose and the Competent Authority had jurisdiction under Section 24 of the Maharashtra Rent Control Act, 1999.

12 Nov 2024

The Petitioner, Deepak S. Kavadiya, is the owner of Flat No. A/1102, Juhu Griha Swapna CHSL, JVPD, Juhu, Vile Parle West, Mumbai-400056. Respondent No...

High Court

High Court of Karnataka Allows Writ Petition Against Partial Decree on Admission in Rent Suit — Order 12 Rule 6 CPC Requires Unambiguous Admission. The court set aside the trial court's order allowing a decree on admission for arrears of rent because the defendants' admission was not unambiguous and they had raised triable issues regarding quantum and set-off.

21 Jul 2016

The petitioners, M/s. Caesars Restaurant and its proprietor S.M. Dayananda, were defendants in a suit for eviction and recovery of rent filed by the r...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Summary Suit Recovery Case — Suit Decree Rendered Interim Order Challenge Moot. The appeal against an interim order under Order XXXVII CPC became infructuous as the suit was decreed during the appeal, and no challenge to the decree was brought to the Court's notice.

14 Jun 2024

The appeal arose from an order of the High Court of Karnataka in a writ petition concerning a summary suit under Order XXXVII CPC. The respondents/pla...

High Court

Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

3 Jul 2017

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

High Court

Bombay High Court Allows Revision Against Rejection of Application to Set Aside Ex Parte Decree in Summary Suit — Negligence of Counsel Constitutes Sufficient Cause Under Order IX Rule 13 CPC. The court set aside the ex parte decree and granted leave to defend subject to deposit of decretal amount.

13 Jun 2017

The present civil revision application challenges the order dated 26.04.2016 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Summary C...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff Sub-Contractor for Unpaid Construction Work. Court holds that defendant's denial of liability is not bona fide and raises no triable issue under Order 37 of the Code of Civil Procedure, 1908.

6 May 2010

The plaintiff, Jolly Constructions, a registered partnership firm acting as a sub-contractor, filed a summary suit under Order 37 of the Code of Civil...

High Court

Bombay High Court Allows Summary Judgment in Favor of Plaintiff Partnership Firm in Suit for Recovery of Outstanding Amounts Under Order XXXVII CPC. Defendant's Application for Leave to Defend Rejected Due to Lack of Triable Issues and Failure to Disclose Substantial Defense.

6 May 2010

The plaintiff, Harilal & Co., a partnership firm registered under the Indian Partnership Act, 1932, filed Summary Suit No.3037 of 2007 in the Bombay H...

High Court

Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit. Defendant Failed to Disclose Triable Issue or Bona Fide Defence Under Order 37 CPC.

15 Apr 2010

This Civil Revision Application was filed by the original respondent (defendant) against an order dated 23rd July 2009 passed by the learned Judge of ...

High Court

Bombay High Court Allows Petition Challenging Conditional Leave to Defend in Summary Suit for Recovery of Loan Amount. Condition of depositing Rs. 2,50,000/- was set aside as onerous and not warranted where defendant had raised triable issues and admitted part of the claim.

9 Mar 2010

The petitioner, Smita Yashwant Lipte, filed a writ petition challenging an order passed by the learned Civil Judge, Senior Division, Chandrapur, in Su...

High Court

Bombay High Court Dismisses Licensee's Writ Petition Challenging Eviction Order Under Maharashtra Rent Control Act, 1999 — Petitioner Failed to Satisfy Requirement of Section 43(4)(a) for Leave to Defend. Licensee Cannot Claim Tenancy Rights After Expiry of Leave and License Agreement.

4 Mar 2020

The petitioner, Amitabh Nigam, was a licensee of a flat owned by the respondents, Amit Sharma and Shiwani Sharma, under a registered leave and license...

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