Search Results for "preliminary fact"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "preliminary fact"

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Supreme Court

Supreme Court Dismisses Landlord's Appeal and Upholds Tenant's Right to Occupy Shop Under U.P. Rent Act. Existence of Vacancy Held to Be a Jurisdictional Fact Which District Magistrate Cannot Conclusively Decide, Allowing Civil Court to Review Order Despite Statutory Ouster Clause Under Section 16 of the Act.

12 Sep 1969

The case involved a dispute between a landlady, Munni Devi, and her tenant, Gokal Chand, over a shop in Dehra Dun. Munni Devi applied to the Rent Cont...

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 ...

High Court

Bombay High Court Quashes Trial Court's Order Framing Preliminary Issue on Maintainability in Specific Performance Suit — Section 16 of Specific Relief Act Cannot Be Decided as Preliminary Issue Without Evidence. The issue of maintainability under Section 16 of the Specific Relief Act, 1963, is a mixed question of law and fact and cannot be tried as a preliminary issue under Order XIV Rule 2 CPC.

4 Apr 2018

The Bombay High Court was hearing two writ petitions filed by M/s. Skyline Construction, a partnership firm, challenging an order dated 13th November ...

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...

High Court

High Court of Karnataka Allows Writ Petition by Defendants in Suit for Declaration and Injunction, Quashing Trial Court Order to Decide Valuation and Court Fee as Preliminary Issue. Held that issues relating to valuation and court fee are mixed questions of law and fact and must be decided at final stage under Order XIV Rule 2 CPC.

17 Jun 2026

The petitioners, who were defendants No.5 and 6 in a suit for declaration and injunction filed by the respondents (plaintiffs), challenged an order da...

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...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

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

Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

2 May 2019

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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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