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authority against whom the
High Court has jurisdiction to issue the writ, happens to be
a Government or its subordinates ... Commission etc. (2), held that it
had no jurisdiction to issue a writ against the first
respondent and, therefore, dismissed
Supreme Court of India
place as to the manner
in which issues as to jurisdiction should be tried. Mr. M. V. Desai has
made ... leading of some evidence, in which case an issue of jurisdiction would
raise a mixed question of law and fact
Bombay High Court
have been determined. Their
Lordships observed that the jurisdiction to try issues of law apart
from the issues of fact ... issue. His Lordship
further observed that where an issue of jurisdiction is a question of
fact or is a mixed
Orissa High Court
follows :
Issue No. 17 : Whether this Court has jurisdiction?
Issue No. 18 : Whether the plaintiffs suit is barred ... preliminary issues. The learned Counsel submitted that the issue of
jurisdiction is required to be considered in the light
Bombay High Court
contended that the High Court had no jurisdiction
to issue a writ of prohibition and, therefore, that prayer was
misconceived ... with the question whether the High Court
has jurisdiction to issue the writ of prohibition. According to the
learned trial
Bombay High Court
initio since the Jodhpur ITO had no jurisdiction to issue them.
According to the respondents, the jurisdiction to issue such ... that matter, the Jaipur ITO
also, had no jurisdiction to issue notices under Section
Rajasthan High Court
Civil Procedure Code, and if the issue of jurisdiction of
the Court to deal with the matter itself is raised ... would not prevent the Court from framing any issue of
jurisdiction as a preliminary issue if the facts and circumstances
Bombay High Court
motions the
defendant No. 4 raised the issue as to the jurisdiction of this court
under Section ... dated
22.9.2005 I have framed the preliminary issue as to the jurisdiction
which reads as under:
"Whether this court
Bombay High Court
motion has been taken out to determine the
issue of jurisdiction as preliminary issue under Section ... legislature to provide under Section 9A that
jurisdiction issue to be heard before interim reliefs are granted
Bombay High Court
interim relief (i) The Court must determine
the issue of jurisdiction as a preliminary issue; (ii) The issue of
jurisdiction ... pending the
determination by it of the preliminary issue of jurisdiction.
Sub-Section (2) is intended to ensure that
Bombay High Court
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