Civil Procedure Code, 1908, Order 14, Rule 1(1) -- Election petition - Framing of issues - Both parties agreed to recounting of votes - Held, it is not necessary to frame issues - Question of framing of issues arise only when fact is denied by either side U.O.14.R.1(1) CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issue of limitation - Issue framed as : Whether suit is not within limitation - Issue improperly framed - Issue ought to be framed whether suit is within limitation - Burden to prove same lies on plaintiff and not on defendant - Direction given to frame issue in correct form...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Purpose of framing issues - Issues are framed to focus on contention of parties and leading of appropriate evidence for proper adjudication...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Suit for specific performance - Plea that agreement was cancelled by subsequent oral agreement - Held, plea though covered by issue qua enforceability of agreement but it is not sufficient - Separate issue as to whether agreement was cancelled by a subsequent oral agreement of sale, ordered to be framed with onus..........
Civil Procedure Code, 1908, Section 9A, Order 14, Rule 1, 2 -- Bar of limitation u/s 9-A (As in Mah.) CPC - To be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 43, Rule 1 -- Suit dismissed on preliminary issue of limitation - Decree not drawn - Counter claim allowed to be continued - Once the suit is dismissed, the act of drawing the decree is of formal nature and if Court has omitted to draw the decree then Court could be asked to perform its..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1 -- Arbitration award - Objections - Framing of issues - (i) Not mandatory to frame issues; (ii) Court if finds necessary can frame issues; (iii) Parties not to be allowed to lead evidence as in a regular civil suit; (iv) If Court finds that on certain question of fact or on..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Order 14, Rule 1, Evidence Act, 1872, Section 3 - - Arbitral Tribunal - Recording of evidence - Procedure - Not expected to be in accordance with provisions of Evidence Act as same is not applicable to proceedings before the Arbitral Tribunal - However, Arbitral Tribunal can adopt procedure..........
Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........
