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Results of civil procedure code issue

Showing : 621-630 of 1323 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of issue - Duty of Court - Held, Court is bound to frame the issues upon the material propositions of fact or law upon which the parties are at variance if it is found that the right decision of the case depends on such issue...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Specific allegation in the additional written statement that plaintiff was carrying on the business of money lending without maintaining accounts as required under law - Held, it is necessary to frame a specific issue on that aspect...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Applicability of O.2.R.2 CPC was never an issue - Something which was not raised cannot be allowed to be agitated in the garb of review application...........

MADRAS HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution proceedings - Civil suit - Simultaneous trial - Permissibility - Core issue to be decided both in execution application and suit are similar - Held, when there is subsisting right available, substantial justice must be rendered by providing reasonable opportunity to both parties, otherwise it would prejudice the..........

UTTARKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Eviction order - Execution - Petitioner claims himself to be a tenant holder/respondents - Issue as to whether the petitioner was a tenant and he was put in possession as tenant by the landlord or not and whether entitled to retain possession or not - Landlord has no objection regarding disposal of the..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for title - Defendant raised preliminary issue that valuation of suit should be decided first because suit property is worth Rs.50,00,000/- - However, no written statement is filed by defendant - Preliminary issues raised is disputed question of fact - Merely because defendant has instituted suit with..........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 115, 47 -- Revision - Maintainability - Execution of decree for injunction and declaration of title - Executing Court allowed objections filed by J.D. - Held, allowing objection u/s 47 CPC amounts to deciding question in issue that decree cannot be executed - Revision against - Held, maintainable...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - In earlier suit issue No.1 was decided in favour of plaintiff but suit was dismissed on other issues - Held, the same issue cannot be reagitated by way of a separate suit to overcome the judgment and decree of the former suit which was not challenged up to the highest court of the country - Held, suit rightly held to..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 100 -- Acquisition of Land - Compensation enhanced in appeal - Legal issue involved in appeal already stood settled when appeal was filed - Held, judgment of Court below strictly in consonance with law and same attained finality, but still appeal filed in High court - State permitted to withdraw..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso, Specific Relief Act, 1963, S.16(c) - Plaint - Amendment - Suit for specific performance of sale agreement - By way of proposed amendment, plaintiff-vendee wanted to incorporate legal plea of readiness and willingness to perform his part of contract as he omitted to raise this plea while filing plaint - Plaintiff had..........

Showing : 621-630 of 1323 Results