Showing : 31-40 of 198 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - Commonality of issues in two separate suits is not prohibited in law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issues - Courts shall keep in consideration provision of O.14.R.1 CPC before framing issues - Order farming issues must show application of mind and distinct issue should be framed on each material proposition affirmed by one party and denied by the other...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97-- Execution - Objections - Issues - Framing of issues and recording of evidence not essential in each case - Court can frame point of determination but such determination may or may not require recording of evidence - Executing Court, on the basis of the material available on record, coupled with..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Issues - Non framing of an issue - Cannot be said to cause prejudice to the party when both parties have understood as to what are their cases and how they have to lead evidence, what burden is cast upon them and what they have to seek before the Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Objections - All objections in terms of O.21.R.97 CPC are not necessarily to be decided by way of following proper procedure - Any frivolous objection cannot be decided by way of adopting procedure of framing issues and allowing the parties to lead evidence just to delay execution of..........

Showing : 31-40 of 198 Results