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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of IA for Framing Additional Issues in Injunction Suit. Order 14 Rule 1 and 5 CPC does not mandate framing of issues on every factual controversy; only on material propositions of fact or law.

The petitioner, plaintiff in O.S. No.374/2016, filed a suit for permanent injunction against the respondents to restrain them from interfering with hi...

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Bombay High Court Dismisses Suit Challenging Slum Land Acquisition as Barred by Section 42 of Maharashtra Slum Areas Act — Preliminary Issue of Bar of Suit Decided in Favor of Defendant No.5.

The suit was filed by the Plaintiffs seeking a declaration of ownership of a plot of land and challenging its acquisition by the State Government unde...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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Bombay High Court Allows Employer's Writ Petition Challenging Rejection of Preliminary Objection in Industrial Dispute - Settlement Bars Reference. The Court held that the existence of a binding settlement must be decided as a preliminary issue before proceeding with the main matter.

The petitioner, Siemens Ltd., an employer, challenged an order dated 26.10.2009 passed by the Industrial Tribunal, Thane, which rejected its applicati...