Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Purpose of framing - Issues are framed only for the purpose of regulating the proceedings in the suit - Omission to frame an issue of fact is not fatal for the suit when the parties went to the trial knowing fully well their rival case and led evidence not only in support of his case but also to challenge the case of..........
Arbitration and Conciliation Act, 1996, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 126 -- Bank guarantee - Encashment of - Injunction - Petitioner has illegally sought injunction against encashment of entire amount of Bank Guarantee - Held, petition is partly allowed subject to the payment of costs of Rs.50,000/- by petitioner..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trespasser or wrongdoer - In settled possession - His settled possession has to be protected - Once a person is in settled possession, he is not to be dispossessed otherwise than by legal manner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Trespasser - A person in settled possession cannot be evicted forcibly even by the true owner - However, the true owner has every right to dispossess or throw out a trespasser, while he is in the act or process of trespassing - Even a trespasser who is in settled possession of property can seek an..........
Limitation Act, 1963, Section 1, 5 -- Law of limitation is based on public policy - Object is to ensure that parties do not resort to dilatory tactics and should seek remedy without delay - Courts should adopt liberal approach in condoning delay of shorter duration and a stricter approach when delay is inordinate - Appeal filed after a delay of more than 4 years - High..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Proviso - Only three opportunities to be given to the party to lead evidence - Evidence closed when party failed to conclude evidence after availing four opportunities - High Court granted one more opportunity subject to the payment of cost - Held, procedural Rules are handmade of justice and cannot be used to thwart the ends..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Implementation - Police help - For implementation of order for injunction, Court can grant police protection...........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 16, Rule 1 -- Adjournment sought for production of evidence on some other date - Petitioner undertook to produce and examine his entire evidence on any two consecutive dates and official witness to be served dasti, if need so arises - Petitioner took dasti summons to Ludhiana and Khanna for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint land of parties - Partition proceedings pending - Defendant cannot be permitted to usurp a part of the joint land by raising construction thereon without seeking partition...........
