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,..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issues - Held, only when there is an assertion of fact and denial of same by the other party which gives rise to an issue, leading to an issue being framed in that regard...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Common issues in two suits - Not permissible - Common trial is permissible in law but common issues in two suits where parties are different and suit properties are different and the tracing of title are different cannot be countenanced in law...........
Civil Procedure Code, 1908, Order 10, Rule 1, Civil Procedure Code, 1908, Section , Order 14, Rule 1(5), Civil Procedure Code, 1908, Section , Order 15, Rule 1 -- First hearing of the suit - Meaning - Comes after the framing of issues - The words 'first day of hearing' does not mean the day for the return of summons...........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Framing of issues is a very important stage in the civil litigation and it is the bounden duty of the Court that due care, caution, diligence and attention must be bestowed by the Presiding Judge while framing of issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Trial Court not to frame an issue on a point which has been finally determined upto Supreme Court as the same is exclusively barred by the principle of res judicata...........
