Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court framed issues and proceeded for recording of evidence - Thereafter Court could not have reverted back to decide suit only on the basis of preliminary issues...........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Report of Counsellor - Confidentiality - Custody of child - Principle of confidentiality will not apply in matters concerning custody and guardianship issues and Court, in best interest of child must be equipped with all material touching upon relevant issues in..........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Statement made in mediation proceedings - Confidentiality - Custody and guardianship issues - Statements made by parents during course of mediation may not be relied upon on the ground of confidentiality - But natural responses and statements made by minor to..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Question of title - Suit for injunction in which issue with regard to determination of title is framed cannot be decided without deciding issues of title...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Once issues have been framed, Court has to pronounce judgment on all issues and failure of Court to give an appropriate decision on all issues, judgment is improper...........
Patents Act, 1970, Section 3(j), 64, 48 -- Suit for injunction - Infringement of registered patent - Counter claim of defendants was never considered by single judge as admittedly issues were complicated and required expert evidence to be considered in full fledged trial - Thus, in the absence of any argument before single judge, Division Bench in appeal cannot examine..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of agreement to prove its contents - Plaintiff sought permission to prove contents of second agreement regarding full and final payment received by predecessor-i, interest of defendants - Original agreement is not traceable - Merely because plaintiff not specifically averred that original agreement is..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
