Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

Bombay High Court Dismisses Petitions Challenging Industrial Court Orders in Unfair Labour Practice Complaints — Horticulture Department Held to Be an 'Industry' Under Industrial Disputes Act. The Court upheld the Industrial Court's jurisdiction to decide complaints under the MRTU and PULP Act, rejecting the employer's preliminary objection that the establishment was not an 'industry'.

31 Mar 2005

The judgment involves three writ petitions filed by the Superintending Horticulture Officer, Deputy Director of Horticulture, and Horticultural Nurser...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Preliminary Issue on Maintainability of Suit Under Bombay Rent Act. Suit for Bonafide Need for Non-Residential Use of Residential Premises Under Section 13(1)(a) Cannot Be Dismissed at Preliminary Stage Without Evidence.

13 Jul 2005

The case involves a dispute between the petitioners (original defendants) and the respondent (original plaintiff) concerning a suit filed by the respo...

High Court

Bombay High Court Dismisses Writ Petition Challenging Labour Court Order on Maintainability of Unfair Labour Practice Complaint. The court held that an order refusing to try maintainability as a preliminary issue is not a final order and thus not amenable to writ jurisdiction under Article 226.

25 Jan 2005

The petitioners, Dattaram Panchal and others, filed a complaint before the Labour Court at Mumbai alleging that the first respondent, M/s. Nirlon Limi...

High Court

Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

15 Dec 2005

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

High Court

Bombay High Court Allows Revision in Trust Property Dispute — Civil Court Jurisdiction Not Ousted by Bombay Public Trusts Act. Suit for Declaration of Ownership and Injunction Maintainable as Dispute Involves Title, Not Just Trust Administration.

3 Aug 2005

The petitioners (original defendants) filed a civil revision application challenging the order of the District Court which set aside the trial court's...

High Court

Bombay High Court Quashes Trial Court Order in Civil Revision for Failure to Decide Preliminary Issue on Locus to Claim Accounts. Trial Court directed to decide all issues together, with no repeat cross-examination on issue already covered.

30 Aug 2005

The case arises from a civil revision application filed by the applicants (defendants) against an order dated 13.11.2003 passed by the trial court. Th...

High Court

Bombay High Court Allows Petition Challenging Civil Court Jurisdiction Over Wakf Property Injunction Suit. Wakf Tribunal Has Exclusive Jurisdiction Under Section 85 of Wakf Act, 1995.

4 Dec 2019

The petitioner, original defendant in Regular Civil Suit No.34/2016, challenged the order of the Trial Court dated 11.06.2018 which held that the suit...

High Court

Bombay High Court Upholds Labour Court's Jurisdiction in University Employee Dispute — Assistant Librarian Held to be 'Workman' and University an 'Industry' Under Industrial Disputes Act. The court affirmed that an Assistant Librarian performing clerical and manual duties qualifies as a workman under Section 2(s) and a university is an industry under Section 2(j) of the Industrial Disputes Act, 1947.

5 Dec 2019

The case involves a writ petition filed by Savitribai Phule Pune University and another (petitioners) challenging an order of the Labour Court at Pune...

High Court

Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

11 Oct 2012

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

High Court

Bombay High Court Quashes Industrial Court Order for Lack of Reasons in Labour Dispute — Revisional Court Must Give Reasons Even on Preliminary Issues. The Industrial Court's rejection of revision without reasons was held unsustainable; matter remanded for fresh reasoned order.

7 Sep 2012

The Petitioner, Haffkine BioPharmaceuticals Corporation Ltd., a State Government Undertaking, challenged the order dated 7 July 2012 passed by the Ind...

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