Showing : 281-290 of 1049 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Issue of possession cannot be determined in a suit for injunction in absence of a necessary party in the suit...........
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...........
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..........
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..........
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..........
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..........
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..........
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...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Issue regarding territorial jurisdiction of Court ought to be tried as a preliminary issue...........

Showing : 281-290 of 1049 Results