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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
- Cites 10 - Cited by 3 -
AIR 1952 Bom 365
- Chagla - Full Document
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
- Cites 25 - Cited by 147 -
1961 AIR 532
- B P Sinha - Full Document
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
- Cites 12 - Cited by 1 -
2006 (1) BomCR 162
- S Kamdar - Full Document
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
- Cites 20 - Cited by 1 -
(1999) 101 BOMLR 83
- S Mhase - Full Document
application for framing a preliminary issue of jurisdiction and / or deciding the same can only be maintained by the defendant ... present application submitted by the intervener. The issue regarding jurisdiction of Court is a preliminary and necessary issue
Gujarat High Court
- Cites 28 - Cited by 0 - K Puj - Full Document
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
- Cites 46 - Cited by 0 -
2006 (1) BomCR 545
- S Kamdar - Full Document
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
- Cites 21 - Cited by 0 -
1983 140 ITR 95 Raj
- Sidhu - Full Document
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
- Cites 10 - Cited by 0 -
2004 (1) MhLj 910
- D Chandrachud - Full Document
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
- Cites 24 - Cited by 0 -
(1946) 48 BOMLR 255
- K H Kania - Full Document
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
- Cites 10 - Cited by 0 -
AIR 1988 Ori 35
- P Misra - Full Document
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