Showing : 21-30 of 360 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - When issue is to be tried by framing issues, inhibition in O.14.R.2(2) CPC is that no issue can be tried as a preliminary issue unless it is an issue of law only and even then it should fall U.O.14.R.2(2) CPC, otherwise even pure issue of law cannot be decided...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Additional issues can be framed at any stage of the case - Application cannot be rejected merely for the reason that case was at the stage of plaintiff's evidence and was ten years old...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Issues - Trial Court has power to amend issues or to frame additional issues at any time before passing of the decree - Such power cannot be crippled or curtailed through interference under supervisory jurisdiction...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Preliminary issue - Issue involving question as to whether disputed land is agriculture land or not - Held, issue involves mixed question of law and fact, thus, evidence is required to be led by both parties before hearing arguments on said issue - Impugned order of trial Court in placing matter..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20-- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of readiness and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Additional issues - Once the party, who is alive to the situation, had already led evidence, the trial Court can always render adjudication on the controversy involved on the preponderance of evidence already brought on record in the absence of the issue...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting..........

Showing : 21-30 of 360 Results