Search Results for "preliminary fact"

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Search Results for "preliminary fact"

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High Court

Bombay High Court Dismisses Petition Challenging CBI Preliminary Enquiry Registration — No Violation of Lalitha Kumari Deadline as Enquiry Was Completed Within Extended Period. Petitioner, a Chief Vigilance Officer, failed to establish that the preliminary enquiry exceeded the seven-day limit under Section 154 CrPC as interpreted in Lalitha Kumari.

29 Jan 2015

The petitioner, Sanjeev Kumar Gupta, was serving as Chief Vigilance Officer with Western Coalfields Limited, Nagpur. He alleged that he was on inimica...

High Court

Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

20 Feb 2014

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

High Court

Bombay High Court Dismisses Petition Challenging CBI Preliminary Enquiry Registration — No Violation of Lalitha Kumari Deadline as Enquiry Was Completed Within Extended Period. The court held that the writ of certiorari to quash registration of Preliminary Enquiry and writ of prohibition to restrain further enquiry were not warranted as the CBI had completed the enquiry and the petitioner had knowledge of the same.

29 Jan 2015

The petitioner, Sanjeev Kumar Gupta, was working as Chief Vigilance Officer with Western Coalfields Limited, Nagpur. He alleged that he was on inimica...

High Court

Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

13 Dec 2022

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

Supreme Court

Supreme Court Allows State Appeal Against Quashing of FIR in Forgery Case — Preliminary Inquiry Under Section 340 CrPC Not Mandatory Before Filing Complaint Under Section 195 CrPC. The Court held that the High Court erred in quashing the FIR on the ground that no preliminary inquiry was held and no opportunity was given to the accused, as Section 340 CrPC does not mandate such inquiry or hearing.

26 Feb 2020

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court which had quashed FIR No. ...

High Court

Bombay High Court Dismisses Revision Against Cancellation of Preliminary Order Under Section 145(1) CrPC — Magistrate's Satisfaction of Apprehended Breach of Peace Must Be Based on Material on Record

18 Aug 2005

The applicant, Grasim Industries Limited, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Proced...

High Court

Bombay High Court Dismisses Employer's Challenge to Industrial Court's Order Setting Aside Preliminary Issue Framing in Employee Status Dispute. The Industrial Court Correctly Held That the Question of Whether an Employee is an 'Employee' Under the MRTU & PULP Act Cannot Be Decided as a Preliminary Issue as It Involves Mixed Questions of Fact and Law.

10 Oct 2022

The petitioner, Maharashtra State Electricity Distribution Company Ltd. (employer), challenged the judgment and order dated November 13, 2021 passed b...

Supreme Court

Supreme Court Upholds Setting Aside of Ex Parte Preliminary Decree in Redemption Suit — Order 9 Rule 13 CPC Maintainable. The court held that a decree passed after defendants were proceeded ex parte under Order 9 Rule 6(1)(a) and the court proceeded under Order 17 Rule 2 (Explanation) is an ex parte decree amenable to Order 9 Rule 13 CPC.

1 Feb 2019

The original appellant, G. Ratna Raj (since deceased, represented by legal representatives), filed a civil suit (C.S. No. 131/1999) in the High Court ...

Supreme Court

Supreme Court Dismisses Appeal in Limitation Dispute Over Alternative Plot Allotment. Concurrent Findings on Time-Barred Declaratory Suit Upheld Under Article 136 of Constitution, Applying Limitation Act 1963 Provisions to Determine Starting Point of Limitation.

29 Sep 2022

The appeal arose from a civil suit filed by the appellants seeking declaratory reliefs regarding ownership of an alternative residential plot allotted...

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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