Showing : 361-370 of 1115 Results

HYDERABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2-- Non-framing of an issue - When parties understood the area of controversy and adduced evidence in relation to that, mere fact that an issue was not framed does not affect adjudication...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - In an earlier petition custody of minor child given to appellant - Exclusive custody of minor child claimed by respondent by filing a separate suit - Core issue is whether a separate petition for variation of order of custody of child is maintainable or an application in the..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - If on the face of it suit is barred by limitation, Court can exercise its discretion to reject plaint unless Court finds that issue of limitation is to be determined after trial...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issue - Issue as to maintainability of suit and that suit is barred by Ss.10, 133 of Companies Act - Maintainability of suit and jurisdiction of Civil Court are two separate matters - Court may have decided question of jurisdiction earlier but question regarding maintainability of suit..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5-- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3-- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - An issue of limitation is not always mixed question of law and fact - Where a suit from the statement in plaint can be said to be barred by time, plaint can be rejected U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Public policy on which res judicata is predicated is that the party who has raised any aspect in a litigation and has had an issue cast thereon, has lead evidence in that regard, and has argued on the point, remains bound by the crucial conclusions once they attain finality as no..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issues - Where parties are aware of rival cases the failure to formally formulate an issue fades into insignificance especially when it is prominently present in connected matters and extensive evidence has been recorded on it without demur...........

Showing : 361-370 of 1115 Results