Search Results for "Preliminary Issue"

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High Court of Karnataka Hears Appeal on Maintainability of Writ Petition Against Bar Association. Court Examines Whether Bar Association is Amenable to Writ Jurisdiction Under Article 226 in Dispute Over Co-Option of President.

The appeal arose from the dismissal of a writ petition by a Single Judge of the High Court of Karnataka on the ground of maintainability. The writ pet...

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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

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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.

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

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...