Search Results for "preliminary decision"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "preliminary decision"

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Supreme Court

Supreme Court Upholds High Court's Quashing of Tribunal's Grant of Permits in Motor Vehicles Act Dispute Over Appealability of RTA's Rejection of New Route Applications. Decision on Necessity of New Route Under Section 47(3) Not Appealable Under Section 64(a) as It is a General Order Not Relating to Individual Applications.

8 Sep 1969

The dispute arose under the Motor Vehicles Act, 1939, concerning the appealability of an order passed by the Regional Transport Authority (RTA) reject...

High Court

High Court of Bombay Allows Writ Petition Challenging Trial Court's Order on Preliminary Issue of Jurisdiction Without Hearing Parties. Trial Court's Order Set Aside for Violating Natural Justice Principles Under Order VII Rule 11 CPC.

13 Aug 2014

The petitioner, Chandansingh Sadhusingh Chandel, filed a writ petition under Article 227 of the Constitution of India before the High Court of Bombay ...

High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

High Court

Bombay High Court Upholds Trial Court's Decision to Frame Preliminary Issue on Jurisdiction in Money Recovery Suits. Court holds that Order XIV Rule 2 CPC allows framing of preliminary issue on jurisdiction even if it involves mixed questions of law and fact.

22 Feb 2013

The petitioners, original plaintiffs in five separate Special Civil Suits for recovery of money and paintings, challenged an order dated 11.06.2012 pa...

Supreme Court

Supreme Court Allows Appeal in Suit for Recovery of Money, Remands for Trial on Evidence Due to Disputed Facts on Limitation. The Court Held That Limitation Issue Cannot Be Decided as a Preliminary Issue Under Order XIV Rule 2 of Code of Civil Procedure, 1908, When Facts Are Contested, Requiring Evidence on Nature of Transactions and Repayment Terms.

31 Jan 2022

The appeal arose from a judgment of a Single Judge of the High Court of Delhi in RFA No 5 of 2019, which upheld the trial court's dismissal of a suit ...

Supreme Court

Supreme Court Allows Appeal in Partition Execution Dispute — Preliminary Decree Held Executable Despite Pendency of Final Decree Proceedings. The Court restored execution proceedings under Order 20 Rule 18 CPC, emphasizing that a preliminary decree in a partition suit is executable even before the final decree is passed.

1 Jan 2026

The appellant, Jennifer Messias, and her husband Peter Messias purchased a flat in Jabalpur in 1991. They were judicially separated in 2003, confirmed...

High Court

Bombay High Court Upholds Framing of Preliminary Issue of Limitation Under Section 9-A CPC in Suit for Declaration and Injunction. Court holds that where the main relief of declaration is barred by limitation, the consequential relief of injunction cannot survive, and thus the preliminary issue can dispose of the entire suit.

20 Aug 2013

The petitioners, defendants in a civil suit, challenged an order dated 9.6.2011 passed by the 5th Joint Civil Judge, Junior Division, Nasik, framing a...

High Court

High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC.

28 Sep 2015

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10....

High Court

Madras High Court Dismisses Revision Against Appointment of Advocate Commissioner in Partition Suit — Preliminary Decree Sufficient for Commissioner Appointment. Appointment of Advocate Commissioner to suggest mode of division does not require a separate final decree application; preliminary decree alone is sufficient under Order 26 Rule 9 CPC.

9 Mar 2026

The Civil Revision Petition was filed by the defendants challenging an order of the trial court appointing an Advocate Commissioner to suggest modes o...

High Court

Bombay High Court Sets Aside Maharashtra State Co-operative Appellate Court Orders in Employee Termination Dispute. Preliminary Issue on Legality of Departmental Enquiry Must Be Decided First Under Order 15 Rule 3 Code of Civil Procedure, 1908, Following Cooper Engineering Ltd. Precedent.

25 Jul 2005

The dispute arose from the termination of services of an employee by a co-operative bank. The employee filed a dispute before the Co-operative Court, ...

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