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Showing posts from January, 2014

Litigations are all about bundle of Issues...

Litigations are all about bundle of Issues... 1.       Issues are crux of any litigation, and they arose in every litigation, be it Writs, Contempt Petitions, Arbitration Petitions, Criminal Petitions Consumer complaints, and so one, notwithstanding the Courts are not formally framing them. In C.V. Joshi versus Elphinstone Spinning Mills, reported in 2001 (Supp) Bom CR (2) 57, the Bombay high Court observed that even in execution proceedings, the issues comes into play, though it is not technically necessary to frame them. 2.       Issues are like asking or addressing the right question, for the court to deal with; addressing the principal contentions, if any, between the parties; and once that is done, the other supplementary issues, either don’t survive, or if survive, they may be addressed with greater clarity. 3.       As observed by the Apex Court in J.K. Iron & Steel Company Limited, Kanpur versus The Iron & Steel Mazdoor Union – AIR 1956 SC 231, “the