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Results of civil procedure code issue

Showing : 631-640 of 1323 Results

PATNA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 3 -- Gift deed - Challenged to be forged and fabricated document - Dismissal of suit - Appeal against - Conflict of oral evidence - Duty of appellate Court - Held, when there is a conflict of oral evidence on any matter in issue and its resolution turns upon credibility of witnesses, the general rule is..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 11 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 41, Rule 33, Punjab State Election Commission Act, 1994, Section 76,77,81,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of or ,R. 52 - Punjab Panchayat Election Rules 1994, R. 52, - Petitioner claimed declaration in his..........

DELHI HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Plea of forgery raised in written statement - Non-filing of replication - Effect thereof - Appellant did not file replication which specifically denied allegations of alleged forgery made in written statement with respect to certain bank documents - Held, mere no, traverse cannot mean that a significant issue..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Whenever additional issue is framed, Court should provide opportunity to the parties to leave evidence and non providing of such opportunity amounts to violation of principle of natural justice...........

JHARKHAND HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - On the basis of judgment in another suit - Permissibility - Held, any addition on the basis of a judgment in another suit, may be on the same issue, as to whether defendant No.9 was a major or not on the relevant date, cannot be allowed since second appeal is still pending and amendment sought has not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Held, in case of natural or intestate succession, all the issues of four sisters of testator would also be entitled to equal share with plaintiffs and defendants No.1 to 5 in property of testator - However, the aforesaid issues of four sisters have not been impleaded as party to the suit - No..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Section 2(14) -- Definitions of ward `Order' in legal parlance - There should be formal adjudication of particular issue by Court - One line vague observation that objection raised by second party is allowed except for dismissal of case and adjoining main case for arguments, cannot legally be termed as order contemplated u/s 2(14) of Civil..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Court should not decide a suit on a matter/point on which no issue has been framed...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Issues arise when a material proposition of fact or law is affirmed by the party and denied by the other - Court should not frame issues not arising out of pleadings - Suit cannot be decided on a matter/point on which no issue has been framed...........

Showing : 631-640 of 1323 Results