Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

High Court

Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

16 Jun 2014

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

High Court

Bombay High Court Dismisses First Appeal Against Limitation Dismissal of Temple Rights Suit. Court Holds Section 10 of Limitation Act Inapplicable as Suit Seeks Declaration and Injunction, Not Possession of Trust Property.

29 Apr 2010

The Bombay High Court, Aurangabad Bench, heard a first appeal preferred by the original plaintiffs against the dismissal of their trust suit by the Di...

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

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 ...

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 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 Dismisses Petition Challenging Rejection of Application Under Section 9-A CPC for Framing Issue of Res Judicata as Preliminary Issue. Res Judicata is Not a Jurisdictional Issue Under Section 9-A CPC, Hence Application Not Maintainable.

6 Nov 2012

The petitioner, Kisanrao Kulkarni, was a defendant in a civil suit (RCS No.79/2008) filed by the respondent/plaintiff for declaration of ownership and...

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