Showing : 111-120 of 972 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96-- First appellate Court - Suit for declaration and permanent injunction - Merely because trial Court not framed any specific issue qua possession, if any of plaintiff pursuant to lease deed, but since question with regard to validity of lease deed was before first appellate Court, there was no bar..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 5-- Preliminary issue - Additional issues as framed by trial Court are mixed issues of law and fact, which can be decided after recording evidence of parties of suit - Said issues cannot be tried as preliminary issues...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- First Appellate Court - Compliance of O.41.R.31 CPC - All issues framed by trial Court duly adverted to in appeal, which is substantial compliance of mandate of O.41.R.31 CPC, even though differently worded points for determination have not been framed by First Appellate Court - Moreover, judgment..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A-- Remand - Non-framing of specific issue of counter claim pertaining to ownership - Issue pertained to denial of ownership of plaintiff and assertion of same by defendants already framed - Therefore, plaintiff was well aware that there was refutation of claim - Counter claim was not in that way..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Limitation is mixed question of law and fact - However, it does not mean that in every case, it is question involving disputed facts - There may be a case where issue of limitation may not necessarily depend on facts, which are disputed requiring trial,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 42, Rule 2-- Second appeal - Non-formulation of substantial question of law - High Court not framed any substantial question of law, at the time of admitting appeal, and left the same open at the time of hearing of appeal - Defendants neither challenged the said order nor insisting High Court to formulate..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17-- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff..........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a..........

Showing : 111-120 of 972 Results