Search Results for "vexatious defence"

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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 Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Supreme Court Quashes POCSO Proceedings Against Husband and In-Laws in Matrimonial Dispute — Allegations Found to be Exaggerated and Vindictive. Court Held That Continuing Criminal Proceedings Would Amount to Abuse of Process of Law Under Section 528 BNSS.

The present criminal appeal arose from an order of the Allahabad High Court refusing to quash criminal proceedings against the appellants, who are the...

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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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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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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...