Arbitration and Conciliation Act, 1996, Section 34 -- In an application u/s 34 of the Act issues need not to be framed - Opponent party is allowed to file the reply - Evidence by way of affidavits by both the parties is allowed and Court can also allow cross examination of deponents - Court can vary the procedure which does not include allowing framing of issues...........
Arbitration and Conciliation Act, 1996, Section 34 -- High Court of Karnataka Arbitration (Proceedings before Courts) Rules, 2001, R.4(b) and 12 - Proceedings u/s 34 of the Act - Framing of issues - Rule providing applicability of CPC - No wholesale or automatic import of all provisions of CPC - Issues not required to be framed in an application u/s 34 of the Act...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 14, Rule 5 -- Accident - Claim petition - Amendment and/or framing of additional issues - Issue whether deceased was negligent in driving - Framing of issue on said plea necessary - Application for amendment of issues allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Objection petition U.O.21.R.97 CPC alleging fraud or collusion between D.H. and J.D. - Held, it is a question of fact which can only be ascertained when issues are framed and opportunity granted to the parties to lead evidence - Objections U.O.21.R.97 CPC have to be decided as a suit - Held, Court below erred in not framing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Trench/khai alleged to be dug up near/adjacent to the northern wall - Amendment sought that it was towards eastern wall - It was a typographical mistake - Suit fixed for filing replication and framing of issues - Amendment allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Order passed on 5th to pay balance Court fee on 10th - Plaint rejected for non payment of Court fee within time granted - Held, plaintiff is entitled to get a maximum period of 15 days to pay balance fee after framing of issues - Rejection of plaint not proper...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Framing of issues - There is no need to frame an issue and give an opportunity to lead evidence to the parties where the facts are clear...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Disposing of suit immediately after framing issues without recording evidence - Illegal...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23-A -- Remand - Framing of additional issue - Merely because an additional issue is framed Appellate Court cannot set aside the findings of trial Court on all issues without going into the merits of the case - Appellate Court can decide the appeal on merits after getting report from the trial Court on the additional issue so..........
