Legal Reference Library

High Court of Bombay Vinod Kumar Saboo v. Sudarshan Vishwanath Malpani and Ors. MANU/MH/0542/2017 03.04.2017 Civil Disputes and liabilities between parties need to be adjudicated, based upon partnership deed Appellant-Original Defendant has filed Appeal and prayed to quash and set aside impugned Judgment passed by Single Judge. In facts of present case, Appellant and Respondents formed and signed a partnership deed and purchased a membership card of NSEI Limited in name of partnership firm i.e."Money Mint". During year 1998-1999, disputes and differences arose between them. On 2nd August, 2000, they signed an arrangement. Claim and counter-claim made through correspondences. On 1st August, 2004, Respondents filed Suit for recovery/claim of Rs. 40 lakhs and has taken out Summons for Judgment. On 16th August, 2005, Single Judge passed impugned order and thereby directed to deposit full amount of Rs. 40 lakhs. Being aggrieved, Appellant has filed present Appeal. Ap...

The Supreme Court in IDBI Trusteeship Services Ltd. Vs. Hubtown Ltd, has restated the principles governing the grant of leave to defend a Summary suit as per amended Order XXXVII Rule 3 of the Code of Civil Procedure. A Bench comprising Justice Kurian Joseph and Justice RF Nariman said the principles stated in paragraph 8 of Mechelec Engineers & Manufacturers v. Basic Equipment Corporation will now stand superseded, post amendment of Order XXXVII Rule 3 of the Code of Civil Procedure and in view of a four-judge bench decision in Milkhiram (India) (P) Ltd. v. Chamanlal Bros. The court observed as follows: If the defendant satisfies the court that he has a substantial defence, that is, a defence that is likely to succeed, the plaintiff is not entitled to leave to sign judgment, and the defendant is entitled to unconditional leave to defend the suit; If the defendant raises triable issues indicating that he has a fair or reasonable defence, although not a positively good def...

1. What is the legislative intent of the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 and the object of incorporating Section 143? 2. What are the factors, the appellate Court has to keep in mind while arriving at a conclusion about the procedure adopted by the Trial Court in conducting the trial? 3. In what circumstances a case should be remanded back for de novo trial? 2014 STPL(Web) 836 SC [JT 2014 (12) SC 496] SUPREME COURT OF INDIA (RANJANA PRAKASH DESAI & N.V. RAMANA, JJ.) J.V. BAHARUNI & ANR. Appellants VERSUS STATE OF GUJARAT & ANR. Respondents GIRIRAJ PROTEINS PVT. LTD. & ORS. Appellants VERSUS D.M. FINANCE & ANR. Respondents BALDEVBHAI RAMJIBHAI PATEL Appellant VERSUS VISHNUBHAI HARGOVINDAS PATEL & ANR. Respondents Criminal Appeal No. 2221 of 2014 [Arising out of Special Leave Petition (Crl.) No. 5623 of 2012] With Criminal Appeal No.2222 of 2014 [Arising out of Special Leave...