Search Results for "Mixed question of law and fact"

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Bombay High Court Dismisses Union of India's Petition Challenging Maintainability of Civil Suit for Declaration of Ownership. Trial Court's Decision on Preliminary Issue Upheld as It Involves Mixed Questions of Law and Fact Not Amenable to Summary Adjudication.

The Union of India, through the Deputy Salt Commissioner, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination.

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd Ma...

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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.

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

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Bombay High Court Allows Defendant's Counter Claim Despite Limitation Concerns in Summary Suit — Limitation is a Mixed Question of Law and Fact Not to Be Decided on Affidavits

The case arises from a Summary Suit instituted in 1997 by Tube Investment of India Limited (Plaintiff) against Gulf Oil India Limited (Defendant) on t...