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    <title>2007 (4) TMI 748 - BOMBAY HIGH COURT</title>
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    <description>The court determined that a summary suit is maintainable on a settled account confirmed by the defendant, as it constitutes a written contract with an implied promise to pay. However, a summary suit is not maintainable on a settled account not confirmed by the defendant, as it lacks mutual agreement. The court found that a summary suit based on an acknowledgment of liability depends on the document&#039;s context and must imply a promise to pay. A summary suit is not maintainable on an honoured cheque, as it is not a suit upon a cheque or bill of exchange. The court also noted that whether a summary suit can be based on a mere writing or receipt depends on the specific circumstances, requiring a concluded contract with a promise to pay.</description>
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    <pubDate>Thu, 26 Apr 2007 00:00:00 +0530</pubDate>
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      <title>2007 (4) TMI 748 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=278777</link>
      <description>The court determined that a summary suit is maintainable on a settled account confirmed by the defendant, as it constitutes a written contract with an implied promise to pay. However, a summary suit is not maintainable on a settled account not confirmed by the defendant, as it lacks mutual agreement. The court found that a summary suit based on an acknowledgment of liability depends on the document&#039;s context and must imply a promise to pay. A summary suit is not maintainable on an honoured cheque, as it is not a suit upon a cheque or bill of exchange. The court also noted that whether a summary suit can be based on a mere writing or receipt depends on the specific circumstances, requiring a concluded contract with a promise to pay.</description>
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      <pubDate>Thu, 26 Apr 2007 00:00:00 +0530</pubDate>
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