Search Results for "preliminary fact"

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Search Results for "preliminary fact"

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High Court

Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

1 Apr 2014

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...

High Court

High Court of Karnataka Quashes Industrial Tribunal Order in Industrial Dispute Case — Tribunal Exceeded Jurisdiction by Suo Motu Raising Preliminary Issue. Management's Application Under Section 33(2)(b) of Industrial Disputes Act, 1947 for Approval of Dismissal Was Pending; Tribunal Erred in Holding Domestic Enquiry Vitiated Without Adjudicating the Application.

9 Mar 2017

The petitioner, M/s Kirloskar Ferrous Industries Ltd. (KFIL), filed writ petitions under Articles 226 and 227 of the Constitution of India challenging...

High Court

High Court of Karnataka Dismisses Defendant's Writ Petition Challenging Refusal to Treat Territorial Jurisdiction as Preliminary Issue in Commercial Suit. The Court Holds That Under the Commercial Courts Act, 2015, Trial Judge Has Discretion to Not Try Mixed Questions of Law and Fact as Preliminary Issues, and That Private Agreements Cannot Oust Jurisdiction.

17 Feb 2020

The High Court of Karnataka considered a writ petition under Article 227 of the Constitution filed by the defendant in a money suit challenging the tr...

High Court

High Court of Karnataka Writ Petition (PIL) – Cause Title Only. No substantive judgment text provided.

21 Jun 2016

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High Court

Bombay High Court Dismisses Appeal Against Order Requiring Preliminary Issue on Jurisdiction Under Section 9A CPC. Once a Jurisdictional Objection is Raised, the Court Must Frame a Preliminary Issue Even if the Defendant Later Seeks to Withdraw It at the Interlocutory Stage.

15 Feb 2011

The First Respondent (Mumbai International Airport) filed a suit against the Appellant (Mukund Ltd.), the Airports Authority of India, and the State o...

High Court

KAHC010366622012_1

21 Jun 2016

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Supreme Court

Supreme Court Allows Appeal by Lokayukta Police in Corruption Case: High Court Erred in Quashing Proceedings at Discharge Stage Based on Premature Application of Section 65B Evidence Act. The court held that the requirement of a certificate under Section 65B arises only at the time of production of electronic evidence during trial, not at the stage of discharge, and that preliminary inquiry using spy camera is permissible.

1 May 2019

The Supreme Court allowed the appeal filed by the State by Karnataka Lokayukta Police against the judgment of the Karnataka High Court which quashed c...

High Court

High Court of Karnataka Hears Batch of Petitions Challenging Land Acquisition for Nadaprabhu Kempegowda Layout. Petitioners Seek Quashing of Preliminary and Final Notifications Issued Under Land Acquisition Act and BDA Act.

11 Jul 2014

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High Court

High Court of Karnataka Allows Landowner's Petition in Land Acquisition Case Due to Delay in Final Notification Under Section 11(7) of RFCTLARR Act, 2013. Preliminary Notification Deemed Rescinded as Final Notification Not Issued Within Statutory Period.

9 Dec 2024

The petitioner, Sri K. Ganganna, owned lands that were acquired by the respondents for the Indian Railways. A preliminary notification under Section 1...

Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

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