Search Results for "Preliminary Issue"

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Search Results for "Preliminary Issue"

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High Court

Bombay High Court Sets Aside Industrial Court Order for Lack of Reasons in Revision Against Labour Court's Preliminary Finding of Perverse Enquiry Report. Revisional Court Must Give Reasons on Merits Even in Preliminary Issues, Cooper Engineering Ltd. v. P.P. Mundhe Does Not Permit Dismissal Without Reasons.

7 Sep 2012

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

High Court

Bombay High Court Sets Aside Civil Court Order Disposing of Suit Under Section 9A CPC — Preliminary Issue of Jurisdiction Cannot Result in Disposal of Suit or Vacation of Injunction. The court held that Section 9A CPC only permits deciding jurisdiction as a preliminary issue, not disposing of the suit or vacating interim orders.

5 Jul 2012

The petitioner, Shri Popat Jaysingh Rajpure, filed a civil suit against the State of Maharashtra and other revenue officials (defendant Nos.1 to 8) an...

High Court

Bombay High Court Allows Petition Challenging Rejection of Preliminary Issue on Notice Under Section 19(2) of Industrial Disputes Act, 1947 — Notice Served During Settlement Period Held Invalid. Settlement Binding Until Expiry Date, Notice Cannot Terminate It Prematurely.

14 Jun 2012

The petitioners, M/s. Fomento Resorts & Hotels Ltd. and its hotel establishment Cidade de Goa, challenged an order dated 13.03.2012 passed by the Indu...

High Court

Bombay High Court Dismisses Suit for Possession of Tenanted Flat Due to Lack of Jurisdiction Under Section 33 of Maharashtra Rent Control Act, 1999. Dispute Between Siblings Over Possession of Flat Held Exclusively Triable by Small Causes Court, Not Civil Court.

3 Apr 2012

The plaintiff, Arun Bhaskar Adarkar, a senior citizen of Indian origin residing in the USA, filed a suit in the Bombay High Court seeking possession o...

High Court

Bombay High Court Allows Petition Against Industrial Court Order for Failure to Frame Preliminary Issue on Workman Status. Employer's Application to Decide Whether Complainant is a Workman Under MRTU & PULP Act Must Be Considered as Preliminary Issue.

30 Mar 2011

The petitioner, Maharashtra Rajya Kapus Utpadak Panan Mahasangh Marayadit, challenged the judgment and order dated 10th March 2010 passed by the learn...

High Court

Gujarat High Court Dismisses Employee's Challenge to Preliminary Inquiry Validity Order in Industrial Dispute — Interim Order Not Final, Can Be Challenged After Final Award. The court held that a preliminary order on the legality of a departmental inquiry under the Industrial Disputes Act, 1947 is interlocutory and a writ petition against it is not maintainable; the employee can raise all grounds after the final award.

3 Mar 2026

The petitioner, an employee, filed a writ petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947...

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court's Finding of Employer-Employee Relationship in Unfair Labour Practice Case. The court upheld the Industrial Court's decision that fifteen employees were direct employees of the petitioner, based on evidence, and that the union had proved an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act.

13 Jun 2018

The case involves a writ petition filed by Sairam Natural Gas And Oil Corporation and another (petitioners) challenging an order of the Industrial Cou...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

4 May 2018

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

High Court

Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

22 Dec 2018

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...

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