Search Results Page

Search Results

1 - 10 of 55 (1.08 seconds)
Documents citing M/S. International Woolen Mills vs M/S. Standard Wool (U.K.) Limited on 25 April, 2001

Mr. Navin Khilnani vs Mashreq Bank Psc. on 25 May, 2007

10. Learned Counsel for the appellant questioned the approach of the learned Single Judge on the ground that simply because the Court had passed the detailed order rejecting the application for leave to defend filed by the defendant, it would not be branded a judgment on the merits of the case. His submission was that such a judgment was still under summary procedure and without recording the evidence. He argued that the judgment cited by the appellant were not properly appreciated and discussed in right perspective by the learned Single Judge. He also cited the judgments of the Supreme Court in the case of International Woollen Mills v. Standard Wool (U.K.) Ltd. . Learned Counsel for the decree holder maintained that since the defense of the judgment debtor as contained in application for leave to defend was duly considered; the Court also took in consideration various documents filed by the decree holder as well as the affidavits; the evidence on record was taken into consideration and analyzed, such a judgment would be a judgment on the merits of the case.
Delhi High Court Cites 19 - Cited by 6 - A K Sikri - Full Document

Jubilant Pharmaceuticals Nv. ... vs Synchron Research Services Private ... on 10 February, 2020

9.4 It was submitted that in the present case, the suit is filed on the basis of original cause of action and also on the basis of the foreign judgment. According to the learned counsel for the appellant - plaintiff, the foreign judgment is conclusive as per section 13 of the Code as it is rendered on merits and that the finding recorded by the trial court in the impugned judgment that the judgment is not rendered on merits, is not correct. Reliance was placed upon the observations of the Supreme Court in the case of International Woollen Mills v. Standard Wool (U.K.)
Gujarat High Court Cites 25 - Cited by 0 - H Devani - Full Document

Karnail Singh Sandhar vs M/S Sandhar And Kang Limited on 10 September, 2010

"Thus, when in a summary suit, judgment is given by default, it is not a judgment on merits. However, if the application for leave to defend the suit is filed i.e. dismissed by detailed speaking order holding that no triable issue was raised and, therefore, the plaintiff was entitled to judgment and decree straightaway and if was not a case where evidence was required in the absence of any triable issue, can it still be said that it is not a judgment on the merits of the case? We are of the opinion that the Supreme Court in the case of International Woollen Mills v. Standard Wool (U.K.)
Punjab-Haryana High Court Cites 18 - Cited by 0 - R K Jain - Full Document

Hsbc Bank vs Silverline Technologies Ltd. And Anr. on 2 February, 2006

15. In my opinion, a party who gives his consent to enter into a particular judgment is estopped thereafter from contending that such judgment and or decree is not on merits and therefore not enforceable in law in this country by virtue of Section 13(b) of the Civil Procedure Code. While considering the judgment of the Apex Court in the case of International Woollen Mills v. Standard Wool (U.K.)
Bombay High Court Cites 7 - Cited by 2 - Full Document

Iae International Aero Engines Ag vs United Breweries(Holdings) Limited on 7 February, 2017

(viii) About the foreign decrees where ex-parte order on merits and whether such a decree would be enforceable in Indian court or not, with reference to Section 13(b) and Section 44-A of the Code of Civil Procedure, 1908, the Hon'ble Supreme Court in the case of International Woollen Mills vs. Standarad Wool (U.K.) Ltd., (2001) 5 SCC 265, held as under:-
Karnataka High Court Cites 84 - Cited by 0 - V Kothari - Full Document

California Pacific Trading ... vs Kitply Industries Ltd. on 18 November, 2003

8. Reliance has also been placed by learned counsel for the respondent on the judgment of the apex court in the case of International Woollen Mills v. Standard Wool (U. K.) ltd, [2001] 5 SCC 265 The elaborate consideration made by the apex court as to the circumstances in which a judgment and decree cannot be said to be on the merits of the case, has been relied upon by learned counsel in support of the contention that the decree passed by the US District Court cannot be said to be conclusive of the matter.
Gauhati High Court Cites 8 - Cited by 4 - R Gogoi - Full Document

Ghelubhai R. Madam Thro' Heirs And Legal ... vs A.K. Mehta Or Successor Compt. ... on 22 April, 2004

In the case of International Wollen Mills v. Standard Wool (U.K.) Ltd. reported in 2001 (5) SCC 265, the matter related to the principles of res judicata under section 11 of the Civil Procedure Code, 1908. Here the court had passed decree in favour of the plaintiff after considering the plaint filed by the plaintiff. Though it was termed as a decree on merit, it was observed that no evidence was recorded but the decree was passed in presence of defendants and, therefore, it could not be termed as decree on merit and, therefore, a second proceeding would not be barred by the principles of res judicata under section 11 of the Code of Civil Procedure.
Gujarat High Court Cites 30 - Cited by 0 - D P Buch - Full Document
1   2 3 4 5 6 Next