Search Results for "preliminary fact"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "preliminary fact"

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Supreme Court

Supreme Court Dismisses Appeals in Partition Dispute Over Estate of Late Col. Kultar Singh Dhillon — Territorial Jurisdiction and Preliminary Issues Not Grounds for Rejection of Plaint

24 Oct 2019

The Supreme Court dismissed two civil appeals arising from a partition dispute over the estate of late Col. Kultar Singh Dhillon, who died on 6th Janu...

High Court

Bombay High Court Upholds Dismissal of Judicial Officer for Bribery in Departmental Enquiry Despite Criminal Acquittal. Standard of proof in disciplinary proceedings is preponderance of probabilities, not beyond reasonable doubt, and acquittal in criminal case does not automatically invalidate departmental punishment.

15 Jul 2010

The petitioner, Ratan Gaba Teli, was a judicial officer serving as Assistant Superintendent at Shahapur Court. He was initially appointed as a Junior ...

High Court

Bombay High Court Dismisses Appeal in Suit for Possession Against Daughter-in-Law — Jurisdiction of Civil Court Upheld Where Ownership is Disputed. Preliminary Issue Decided Against Gratuitous Licensee Defence Under Section 41 of Presidency Small Cause Courts Act, 1882.

18 Mar 2013

The appeal arose from an order of a learned Single Judge dated 16 March 2012 deciding a preliminary issue of jurisdiction. The first appellant is the ...

High Court

Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

4 Apr 2013

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

High Court

Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Dispute — Bona Fide Need Not Established. Landlord Failed to Prove Requirement of Flat for Son's Residence Under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 as Son Already Residing in Same Building and Comparative Hardship Favored Tenant.

26 Sep 2006

The case involves a dispute between the petitioners (landlords) and the respondents (tenants) over Flat No.9A in Keval Mahal building on Marine Drive,...

High Court

Bombay High Court Dismisses Petition Challenging Maintainability of Domestic Violence Act Proceedings — Relationship in Nature of Marriage Established Through Cohabitation and Shared Household. The court held that the issue of domestic relationship under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 requires evidence and cannot be decided at preliminary stage.

28 Nov 2025

The petitioner, Suresh Kahiram Mapari, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 21.05.2025 passed by the...

High Court

Bombay High Court Partly Allows Revision in Civil Suit Jurisdiction Dispute — Trial Court Directed to Frame Preliminary Issue Under Section 9A CPC on Valuation and Limitation. The court held that mixed questions of law and fact regarding jurisdiction, valuation, and limitation under Section 9A CPC and Bombay Court Fees Act require framing of issue and evidence before decision.

26 Oct 2015

The case arises from Regular Civil Suit No. 1041 of 2014 pending before the trial court. The applicant (original defendant) filed two applications: on...

High Court

Madras High Court Allows Revision Petition in Partition Suit, Sets Aside Dismissal of Restoration Application Due to COVID-19 Delay. Court Holds That Length of Delay Alone Not Decisive; Equitable Considerations and Lack of Final Decree Proceedings Warrant Opportunity to Contest.

2 Jan 2026

The case arises from a partition suit filed by the respondent (sister) against the petitioner (sister-in-law) in O.S.No.212 of 2011 before the Subordi...

High Court

Bombay High Court Quashes Land Acquisition for Statue Beautification Due to Non-Compliance with RFCTLARR Act, 2013. Acquisition Initiated Without Following Mandatory Preliminary Steps Under Sections 4 and 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Violating Article 300A of the Constitution.

13 Jul 2026

The petitioner, Dr. Chandrashekhar Gattani, filed a writ petition challenging the acquisition of his land bearing Nazul Plot No. 41/1, admeasuring 660...

High Court

Bombay High Court Admits Writ Petition Filed by Noticee in FEMA Adjudication, Directs Returnable Rule on Issues of Cross-Examination and Joint Proceedings. The petition challenged the Special Director's refusal to permit cross-examination of witnesses and non-supply of co-noticees' replies in proceedings under the Foreign Exchange Management Act, 1999.

30 Jan 2018

Background: The petitioner, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the Indian Premier League (IPL...

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