Search Results for "Preliminary Issue"

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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 Issue"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Partition Suit — No Jurisdictional Error Found in Rejection of Application to Reopen Evidence Under Order 18 Rule 17 CPC. The court held that the trial court's discretion to reject the application for reopening evidence was judiciously exercised and did not warrant interference under Article 227 of the Constitution.

23 Feb 2018

The petitioners, who are defendants in a partition suit (O.S. No. 56/2006) pending before the Principal Civil Judge and JMFC at Chickballapur, filed a...

High Court

Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

10 Jun 2013

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cancellation of Nominee Appointments in Service Matters Due to Availability of Alternate Remedy Before Administrative Tribunal. Petitioners Failed to Demonstrate Exceptional Circumstances to Bypass Statutory Remedy Under Administrative Tribunals Act, 1985.

29 Aug 2022

The judgment pertains to two writ petitions filed by individuals whose appointments as nominees on District Level Committees for verification of claim...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Plaint Discloses Cause of Action and Limitation Is a Triable Issue. The court held that under Order 7 Rule 11 CPC, only plaint averments are relevant and if they disclose a cause of action, the plaint cannot be rejected; limitation is a mixed question of law and fact.

30 Nov -0001

The applicant, Mr. Ajay Wadhwa, who was original defendant No.9 in the suit, filed a Notice of Motion seeking rejection of the plaint under Order 7 Ru...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Dismissal in Specific Performance Suit — Directs Trial Court to Frame Limitation as Preliminary Issue. Agreement of Sale Dated 1974, Suit Filed in 2016, Court Finds Prima Facie Bar of Limitation but Allows Issue to Be Decided After Trial.

6 Jul 2017

The petitioners, original defendants, filed a civil revision challenging the order of the Civil Judge, Junior Division, Jalgaon-Jamod, dated 8.7.2016,...

High Court

High Court of Karnataka Delivers Common Order on Writ Petitions Challenging Withdrawal of CBI Investigation Consent in Money Laundering Case. The Court examined the validity of State Government's orders withdrawing consent under Section 6 of the Delhi Special Police Establishment Act, 1946, in the context of an investigation under the Prevention of Money Laundering Act, 2002.

29 Aug 2024

The High Court of Karnataka heard two writ petitions challenging the State Government's orders dated 28.11.2023 and 22.12.2023 withdrawing consent for...

High Court

Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

11 Sep 2015

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

High Court

Bombay High Court Adjudicates Writ Petitions Filed by Depositors of PMC Bank Seeking Relief from Withdrawal Restrictions. Court Examines Validity of RBI Directions and Protection of Depositors' Interests under Relevant Banking and Co-operative Laws.

20 Dec 2019

A batch of writ petitions and a public interest litigation were filed before the Bombay High Court by various depositors and account holders of the Pu...

High Court

Division Bench of the High Court for the State of Telangana considers maintainability of Letters Patent Appeals arising from execution proceedings in an international commercial arbitration matter. The Bench examined the preliminary objection that an appeal under Clause 15 of the Letters Patent is barred by Section 13(2) of the Commercial Courts Act, 2015 unless the impugned order is appealable under Order XLIII of the Code of Civil Procedure, 1908 or Section 37 of the Arbitration and Conciliation Act, 1996.

3 Aug 2026

The matter before the Division Bench of the High Court for the State of Telangana arose from two Original Side Appeals filed by a company incorporated...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in SARFAESI Act Jurisdiction Dispute. Disputed Question of Fact Regarding Agricultural Land Cannot Be Decided Under Order 7 Rule 11 CPC; Issue Must Be Tried in Suit.

18 Sep 2020

The applicant, Sundaram Home Finance Limited, a secured creditor, filed a Civil Revision Application challenging an order of the Civil Judge, Junior D...

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