Search Results for "preliminary fact"

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Search Results for "preliminary fact"

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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 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 Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

5 Feb 2016

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

High Court

High Court of Karnataka Dismisses Employer's Writ Petition Challenging Labour Court's Preliminary Order on Validity of Domestic Enquiry. Labour Court's Order on Preliminary Issue Regarding Validity of Disciplinary Enquiry Upheld as Within Jurisdiction.

16 Mar 2018

The petitioner, West Coast Papers Mills Ltd., an employer, challenged an order dated 28.07.2016 passed by the Labour Court, Belagavi, in KID No.60/201...

High Court

High Court of Karnataka Allows Appeal Against Remand Order in Property Injunction Suit — Limitation Issue Must Be Decided as Preliminary Issue Before Remand. The lower appellate court's order of remand was set aside as it failed to adjudicate the preliminary issue of limitation under Order 14 Rule 2 CPC, which is a jurisdictional prerequisite.

11 Jun 2014

The appellant, Siddarai Basavant Padagal, filed a suit for permanent injunction in O.S.No.1148/2008 before the IV Additional Civil Judge & JMFC, Belga...

High Court

Bombay High Court Dismisses Application to Reject Election Petition Under Order VII Rule 11 CPC. Court Finds Petition Discloses Cause of Action and Material Facts for Corrupt Practices Allegations Under Representation of People Act, 1951.

6 May 2011

The proceeding arose from an election petition filed under the Representation of People Act, 1951, challenging the election of the returned candidate ...

High Court

Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

8 Dec 2017

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

High Court

Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award in Partnership Dispute — Upholds Arbitrator's Findings on Loan vs. Capital Contribution and Rejection of Counterclaim as Not Maintainable. The court held that the arbitrator's findings were based on evidence and not perverse, and the challenge under Section 34 of the Arbitration and Conciliation Act, 1996 failed.

23 Jan 2020

The petitioner, Shekhar Appu Shetty, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dat...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

5 Feb 2020

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

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