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leave to defend

tenant cannot dispute landlord-tenant relationship by oral sale
Case BriefsHigh Courts

Tenant can’t dispute admitted tenant-landlord relationship by plea of oral sale; Delhi HC upholds eviction on Bona fide requirement

Landlord’s bona fide requirement for himself or for his dependent family members, founded on age, medical condition and need for financial independence of his children, constitutes a genuine and valid ground for eviction.

Published on January 14, 2026January 16, 2026By Ritu
Leave a comment1803 views
Case BriefsHigh Courts

Once tenant starts paying rent, can he/she turn around and challenge title of landlord? Del HC examines

Delhi High Court: In a matter with regard to the grant of leave to defend, Subramonium Prasad, J., expressed that, the tenant

Published on May 27, 2022June 3, 2022By Bhumika Indulia
Leave a comment10162 views
Case BriefsSupreme Court

Grant of leave to defend is the ordinary rule and denial is an exception; Supreme Court lays down detailed guidelines for leave to defend in summary suits   

Supreme Court: While clarifying the law on leave to defend, the Division Bench of Vineet Saran and Dinesh Maheshwari*, JJ., held that

Published on March 4, 2022March 4, 2022By Editor
1 Comment31193 views
Case BriefsSupreme Court

Explained| Grant of Leave to Defend: The best approach 

Supreme Court: The bench of Vineet Saran and Dinesh Maheshwari*, JJ has explained the law relating to grant of unconditional leave to

Published on January 20, 2022January 21, 2022By Prachi Bhardwaj
5 Comments16544 views
Case BriefsHigh Courts

Del HC | Discrepancy of not filing “leave to defend” under Or. 37 R. 3(5) in response to summary suit could be ignored in interest of justice

Delhi High court: Vibhu Bhkaru, J. dismissed a revision petition filed under Section 115 CPC impugning an order passed by the Additional District

Published on August 17, 2019August 19, 2019By Bhumika Indulia
3 Comments8587 views
Case BriefsSupreme Court

‘Conditional’ leave to defend may be granted in case of doubt regarding the genuineness of defence in summary suits

Supreme Court: On the question relating to the power of the court to grant leave to defend in case of sham or

Published on July 16, 2019July 18, 2019By Prachi Bhardwaj
Leave a comment13080 views
Case BriefsHigh Courts

Del HC | Leave to defend in recovery suit claimed through cheque granted in light of vital issue of case being a sham, even though no plea raised in affidavit for the leave

Delhi High Court: Rekha Palli, J., without expressing any opinion on merits of the case, allowed an appeal filed by the appellant who

Published on July 9, 2019July 11, 2019By Bhumika Indulia
Leave a comment6827 views
Case BriefsHigh Courts

Leave to defend application rejected in light of creating confusion and false defence

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. dismissed an appeal filed under Section 96 CPC against the

Published on September 7, 2018September 12, 2018By Bhumika Indulia
1 Comment6733 views
Case BriefsHigh Courts

Leave to defend denied in light of frivolous and vexatious defence

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. dismissed a regular first appeal filed under Section 96 CPC

Published on August 7, 2018August 10, 2018By Bhumika Indulia
Leave a comment6518 views
Case BriefsSupreme Court

Guidelines for exercise of judicial discretion for refusal/grant of leave to defend laid down

Supreme Court: With the intent to prevent the arbitrary exercise of judicial discretion under Order 37 CPC while refusing the leave to

Published on November 19, 2016November 24, 2016By Prachi Bhardwaj
2 Comments10974 views
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