Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Suit for specific performance - Non-framing of an issue with regard to readiness and willingness - It is mandatory requirement of Courts to frame such an issue in view of S.16(c) of Specific Relief Act - Further, when Specific Relief Act specifically mandates that unless and until, readiness and willingness is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Plaintiff entitled to 1/3rd share as per two Courts below - Though defendants took a contention that they are liable to pay liability of the father, but they not placed any material to substantiate the said contention - No document was produced with regard to liability is concerned - When no..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Plea or defence when requiring to be proved during course of trial is itself sufficient for framing the charge...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13 -- Discharge - Assets disproportionate to known source of income - Purported loans said to have been obtained by accused from his mother, brother and father are all question of fact which require adjudication and this could be done only during trial - At the stage of framing charge..........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim sought to be filed nearly ten months after filing of written statement and more particularly after issues were framed - Leave to file counter claim cannot be sought after framing of issues - Defendant, not entitled for grant of leave for filing counter claim...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court sitting in second appellate jurisdiction is to frame substantial question of law at the time of admission, save and except in exceptional circumstances - Post such framing of questions Court shall proceed to hear the parties on such questions, i.e., after giving them adequate..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court allowed appeal in the absence of framing any substantial question of law that too at the admission stage without issuance of notice to other plaintiffs and by hearing only plaintiff no.2 who was only caveat - Said errors are compounded by fact that a sum of Rs.50,000 cost..........
