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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 19 - Cited by 44 - 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 23 - Cited by 1 - 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 13 - Cited by 15 - 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 11 - Cited by 0 - 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 26 - Cited by 81 - Full Document
dismissed with the direction that the preliminary issue of jurisdiction should be disposed of by the trial court immediately. Thereupon ... Asansol Court had been directed to hear the issue of jurisdiction at an early date. It was in these circumstances
Supreme Court of India
- Cites 25 - Cited by 326 - Full Document
framed as many as seven issues including the issue about jurisdiction. Thereafter, the defendant applicant submitted an application under Order ... Section 151 C. P. Code praying that the issue about jurisdiction should be tried as a preliminary issue. The learned
Madhya Pradesh High Court
- Cites 6 - Cited by 26 - 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 26 - Cited by 20 - Full Document
suit. In such an eventuality, the issue of jurisdiction has to be decided as a preliminary issue at the hearing ... relief; (ii) Where a Defendant has raised an issue of jurisdiction in the affidavit filed in reply to the motion
Bombay High Court
- Cites 6 - Cited by 8 - Full Document
petitioner filed a petition to take up the issue regarding pecuniary jurisdiction as a preliminary issue. Although the learned single ... learned single Judge holding that the issue of jurisdiction is not a pure question of law, but depends upon
Madras High Court
- Cites 41 - Cited by 5 - Full Document
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