Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Partition suit - Disputed genealogical tree - Contrary versions of genealogical tree exists - Issue in that regard is to be framed for proper adjudication in a suit for partition...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to incorporate counter claim - After commencement of trial that too after evidence of DW1 is over - Amendment hit by O.6.R.17 Proviso CPC - Although counter claim can be allowed after framing of issues, however, as a rule delayed counter claim should..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for declaration of title and permanent injunction - High Court examined issue of ownership of plaintiff without framing any substantial question of law regarding same - It was necessary for High Court to have proceeded to examine issue relating to plaintiff's title..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - Issues are not to be framed on every plea taken in pleadings and have to be framed only on substantial pleas which in the event of proving have a chance of succeeding...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 14, Rule 1 -- Rebuttal evidence - Non framing of necessary and proper issues - Trial Court directed to frame three additional issues - Plaintiff to lead evidence in affirmative on issue on which onus to prove is on him and defendant to lead evidence on two other issues, the onus of which is on..........
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...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 27 -- Custody of minor children - Jurisdiction - Minor children taken away from their place of residence in Gurgaon (Haryana) to District Alwar (Rajasthan), three months prior to filing of the petition - Court is required to adjudicate the issue regarding jurisdiction on the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(i), 13(1)(d)(ii), 13(2), Indian Penal Code, 1860, Section 120B -- Offence u/ss 13(1)(d)(i), 13(1)(d)(ii), 13(2) of P.C. Act and S.120-B IPC - Allegation that accused by entering into criminal conspiracy provided wrongful gains to two companies by issuing Notifications - Allegedly said Notifications were issued without..........
