Search Results Page

Search Results

1 - 6 of 6 (0.33 seconds)

Santosh Kumar vs Bhai Mool Singh on 5 February, 1958

The only question which arises before us in this appeal by special leave: Could the High Court interfere, in exercise of its powers under section 115, Civil Procedure Code, with the discretion of the Additional District Judge, in granting unconditional leave to defence to the defendant-appellant upon grounds which even a perusal of the order of the High Court shows to be reasonable ? Santosh Kumar v. Bhai Mool Singh(1), was a case where a cheque, the execution of which was admitted by the defend- ant, had been dishonoured. The defendant had set up his defences for refusal to pay.
Supreme Court of India Cites 8 - Cited by 409 - A K Sarkar - Full Document

D.L.F. Housing & Construction Company ... vs Sarup Singh And Others on 12 September, 1969

M.L. Sethi v.R.P. Kapur(2); The Managing Director (MIG) Hindustan Aeronautics Ltd. Balanagar, Hyderabad & lint. v. Ajit Prasad Tarway, Manager, (Purchase & Stores), Hindustan Aeronautics Ltd., Balanagar, Hyderabad(3); D.L.F. Housing & Construction Co. Pvt. Ltd. New Delhi v. Sarup Singh & Ors. (4); Milkhiram (India) Pvt. Ltd. & Ors. v. Chamanlal Bros.(5) We need not dilate on the well established principles repeatedly laid down by this Court which govern jurisdiction of the High Courts under section 115 C.P.C. We think that these principles were ignored by the learned Judge of the High Court in interfering with the discretionary order after a very detailed discussion of the facts of the case by the learned Judge of the High Court who had differred on a pure question of fact--whether the defences could be honest and bona fide. Any decision on such a question, even before evidence has been led by the two sides, is generally hazard-
Supreme Court of India Cites 8 - Cited by 126 - I D Dua - Full Document

Milkhiram (India) Private Ltd. And Ors. vs Chamanlal Bros. on 23 April, 1965

M.L. Sethi v.R.P. Kapur(2); The Managing Director (MIG) Hindustan Aeronautics Ltd. Balanagar, Hyderabad & lint. v. Ajit Prasad Tarway, Manager, (Purchase & Stores), Hindustan Aeronautics Ltd., Balanagar, Hyderabad(3); D.L.F. Housing & Construction Co. Pvt. Ltd. New Delhi v. Sarup Singh & Ors. (4); Milkhiram (India) Pvt. Ltd. & Ors. v. Chamanlal Bros.(5) We need not dilate on the well established principles repeatedly laid down by this Court which govern jurisdiction of the High Courts under section 115 C.P.C. We think that these principles were ignored by the learned Judge of the High Court in interfering with the discretionary order after a very detailed discussion of the facts of the case by the learned Judge of the High Court who had differred on a pure question of fact--whether the defences could be honest and bona fide. Any decision on such a question, even before evidence has been led by the two sides, is generally hazard-
Supreme Court of India Cites 2 - Cited by 206 - J R Mudholkar - Full Document
1