mixed question of law and fact Archives

Partition suit pleading acquisition from joint family funds cannot be rejected at threshold, must go to trial: Delhi High Court

“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.

Case Briefs High Courts

Or. 14 R. 2 of CPC does not confer jurisdiction on the Court to decide a mixed question of fact and law, unless the facts are clear from the plaint itself: Sikkim HC

The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.

Case Briefs Supreme Court

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ