Search Results for "preliminary fact"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "preliminary fact"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

11 Nov 2025

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

High Court

High Court of Karnataka Quashes Preliminary Investigation Report and FIR in Lokayukta Corruption Case — Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Investigation Initiated Without Valid Sanction Against Public Servant is Void Ab Initio.

22 Aug 2016

The petitioner, Sri C. Mruthyunjayaswamy, a Chief Engineer in the National Highways department, filed a writ petition under Articles 226 and 227 of th...

High Court

Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Order in MRTU & PULP Act Case — Preliminary Issue of Enquiry Fairness Must Be Decided First. The Industrial Court correctly set aside the Labour Court's order deferring the decision on the preliminary issue of legality of domestic enquiry to the final stage, as per settled law under Section 28(1) and Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

7 Dec 2018

The Petitioner, a Co-operative Credit Society registered under the Maharashtra Co-operative Societies Act, 1960, employed the Respondent as a Secretar...

High Court

Karnataka High Court Hears Batch of Writ Petitions Challenging Land Acquisition for BDA's Peripheral Ring Road. Petitioners Seek Quashing of Preliminary and Final Notifications Issued Under Land Acquisition Act, 1894.

22 Jul 2014

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Final Decree Proceedings — Upholds Allotment of Shares as per Commissioner’s Report. Appellant’s Contention That He Is Entitled to Constructed Portion of Joint Property Rejected as Such Plea Was Not Raised During the Suit or First Appeal, and Final Decree Must Conform to Preliminary Decree.

16 Feb 2024

The matter pertained to a regular second appeal before the High Court of Karnataka arising from final decree proceedings in a partition suit. The orig...

High Court

Karnataka High Court Rehears Quashing Petition Against Lokayukta FIR for Disproportionate Assets After Supreme Court Remand; Petitioner Alleges Absence of Preliminary Enquiry and Non-Application of Mind by Superintendent of Police Under Prevention of Corruption Act, 1988.

23 Apr 2026

The petitioner, a Superintendent Engineer in the Public Works Department, Government of Karnataka, filed a writ petition under Article 226 read with S...

Supreme Court

Supreme Court Dismisses Appeal Seeking FIR Registration in IIT Delhi Student Suicides — No Prima Facie Case of Caste Discrimination or Murder Found. Court Held That Mere Allegations of Caste Discrimination Without Credible Evidence Do Not Warrant Mandamus for FIR Under Section 154 CrPC, and That Police Inquiries Under Section 174 CrPC Were Sufficient.

13 Dec 2024

The Supreme Court dismissed an appeal against the Delhi High Court's order refusing to direct the police to register an FIR regarding the deaths of tw...

High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Madras High Court Allows Appeal in Mortgage Suit, Holds That Equitable Mortgage by Deposit of Title Deeds Is Valid and That Guarantors Are Jointly and Severally Liable for Principal Debt and Interest. The court decreed the suit for recovery of Rs.83,88,020.45 with 12% interest per annum on Rs.56,80,101.59 from the date of suit till realization, and passed a preliminary mortgage decree for sale of the mortgaged properties.

12 Feb 2026

The plaintiff, Coimbatore Capital Ltd., a trading member of the National Stock Exchange, filed a suit against two defendants, M.Ramasamy (since deceas...

High Court

Bombay High Court Quashes Labour Court and Industrial Court Orders, Sustains Dismissal of Bus Conductor for Misconduct of Reselling Used Tickets and Cash Shortfall. Failure to frame preliminary issues on fairness of domestic enquiry and perversity of findings vitiates decisions, and employer's right to lead evidence, once reserved in written statement, must be afforded before final adjudication.

7 May 2018

The dispute arose from the dismissal of a bus conductor by the Maharashtra State Road Transport Corporation (the employer) for misconduct involving re...

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