Search Results for "Triable Issue"

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Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...

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Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...