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Results of civil procedure code issue

Showing : 361-370 of 1323 Results

BOMBAY HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Pendency of civil suit - Issue with regard to ownership of land yet to be finalised - No case made out against appellants for initiating any criminal proceedings - Criminal proceedings against appellants quashed...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Suit for declaration - Subject matter of present suit is identical to earlier suit, between same litigating parties - Matter finally decided between parties by Court of competent jurisdiction - Issue involved in the subsequent suit was directly and substantially involved in earlier suit - Cause of..........

CHHATTISGARH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that regard - Plaintiff..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Document be de-exhibited if the same is unstamped - In case document is stamped and registered and a copy is filed, then opponent party will have liberty of cross-examination of the witnesses subject to the issue of admissibility which will be considered at the time when Court delivers judgment...........

CHHATTISGARH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 11 - - Constructive res judicata - If an issue is decided against any party at an earlier stage of litigation, Court would not allow him to re-agitiate the same issue again at a subsequent stage of same proceedings in view of principle of constructive res judicata...........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Issues framed - Parties leading evidence - Trial Court to give its decision on all issues, notwithstanding the fact that suit may be decided on the basis of one technical issue...........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - If there is a pure question of law and the same relates to the jurisdiction of Court or a bar to the suit created by any law for the time being in force, it can be decided as a preliminary issue but when there is a mixed question of law and fact, it cannot be treated as a preliminary issue...........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Normally if answer to an issue is determinable on the basis of some principle of law, that issue is an issue of law - If parties want to lead evidence on an issue, that ceases an issue of law...........

Showing : 361-370 of 1323 Results