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...
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Search Results for "Preliminary Issue"

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High Court

High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications.

12 Dec 2017

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the X...

High Court

High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

18 Jan 2016

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Suit for Non-Payment of Court Fee - Remands for Fresh Consideration on Valuation Issue. The court upheld the remand order of the lower appellate court, directing the trial court to decide the preliminary issue regarding valuation and court fee afresh after hearing both sides.

2 Dec 2016

The respondents (plaintiffs) filed a suit for declaration of title and perpetual injunction in respect of plaint schedule property. The appellants (de...

High Court

High Court of Karnataka Upholds Trial Court's Valuation of Suit for Declaration and Injunction Under Karnataka Court Fee and Suit Valuation Act, 1958 — Suit for Declaration That Sale Deed Is Null and Void Is Properly Valued Under Section 26(c) Read with Section 24(d) of the Act.

24 Apr 2015

The defendant filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.7.2013 passed by the I Addit...

High Court

Bombay High Court Allows Suit for Specific Performance — Territorial Jurisdiction Issue Deferred to Trial. Court holds that preliminary issue of jurisdiction requires evidence and cannot be decided without trial under Order XVIII Rule 4 CPC.

2 Aug 2010

The suit was filed by Dr. Ashok M. Bhat and another against Harichand Nagpal and another for specific performance of an agreement to sell. The prelimi...

High Court

High Court of Karnataka Allows Appeal in Property Suit, Reverses Trial Court's Finding of Res Judicata. The court held that the earlier suit was not between the same parties and the subject matter was different, thus the bar of res judicata under Section 11 CPC did not apply.

5 Feb 2025

The appellant, Ashok Patil, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, challenging ...

High Court

Bombay High Court Dismisses Revision Against Refusal to Decide Sanction Validity as Preliminary Issue in Corruption Case. Validity of sanction under Section 19 of Prevention of Corruption Act, 1988 need not be decided as preliminary issue; Commissioner of Municipal Corporation is competent authority to grant sanction.

14 Dec 2021

The applicant, an employee of Mira Bhaindar Municipal Corporation, was prosecuted by the Anti Corruption Bureau for offences under Section 7 read with...

High Court

Bombay High Court Allows Appeal Against Remand Order in Contract Dispute — Limitation Issue Must Be Decided as Preliminary Point. Court holds that Order XLIII Rule 1(u) CPC appeal is maintainable against a remand order that fails to decide a preliminary issue of limitation, and directs the trial court to frame and decide the limitation issue first.

8 Mar 2021

The appellant, Tikamdas s/o Sukhdevdas Vaishnao, filed an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the ju...

High Court

Bombay High Court Dismisses Revision Against Trial Court's Finding of Civil Court Jurisdiction in Land Acquisition Dispute. Civil Court Has Jurisdiction to Entertain Suit for Injunction Despite Bar Under Section 22 of Maharashtra Project Affected Persons and Rehabilitation Act, 1986, as the Suit Challenges Unauthorized Possession, Not Acquisition Proceedings.

22 Dec 2022

The present Civil Revision Application was filed by the State of Maharashtra and others (original defendants) challenging the order dated 18.02.1998 p...

High Court

Bombay High Court Dismisses Conductor's Petition Challenging Dismissal Order in Misappropriation Case. Labour Court's finding that domestic enquiry was fair and findings were not perverse upheld by Industrial Court and High Court.

7 Dec 2022

The petitioner, a conductor employed by the Maharashtra State Road Transport Corporation, was charged with misappropriating Rs. 58 by issuing blank pa...

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