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preliminary issues -out of a number of issues
framed by the trial Court. The case was fixed for evidence ... cannot be said that in deciding the preliminary
issues, no evidence at all has to be led. To my mind
Punjab-Haryana High Court
workman
to reopen and let in evidence even before deciding the preliminary
issue, besides over ruling the objections regarding ... adducing additional evidence, it
has either to adduce evidence simultaneously with its reliance on
the domestic enquiry or should
Madras High Court
additional evidence to substantiate the charge of misconduct
by giving some specific opportunity after decision on the
preliminary issue whether ... about its rights, namely, the right to
lead additional evidence and then give an opportunity which
never sought. This runs
Supreme Court of India
domestic inquiry as
a preliminary issue and also ask for an opportunity to
adduce evidence before the Tribunal ... preliminary issue is against the
management. the, Tribunal will have to give the employer an
opportunity to adduce additional evidence
Supreme Court of India
domestic inquiry as
a preliminary issue and also ask for an opportunity to
adduce evidence before the Tribunal ... management to adduce evidence, because after the decision in
the preliminary issue on the validity of the domestic
enquiry, either
Supreme Court of India
defendant the issue of
jurisdiction should be on evidence of both the sides, all necessary
material and evidence oral ... both the parties on this preliminary
issue to be decided on evidence. The parties will have to disclose
documents
Bombay High Court
adducing additional
evidence, it has either to adduce evidence simultaneously with its
reliance on the Tribunal to consider the validity ... request to grant permission to
adduce evidence, if the decision of preliminary issue is against the
management. An enquiry into
Bombay High Court
cannot ask the company to lead evidence first
without deciding the preliminary issue regarding the validity of the
domestic enquiry ... dispose it of as a preliminary issue.... Parties have
to lead evidence. S. 10 confers power of a Civil Court
Calcutta High Court
view that on a preliminary
issue arising under Rule 2, Order 14, no evidence can be recorded.
9. The provisions ... being decided without recording evidence
that must be tried as a preliminary issue in the first instance under
Rule
Kerala High Court
having failed to adduce any evidence regarding
bias or victimisation when the preliminary issue was fixed for hearing ... Labour Court as
preliminary issue, could not now be allowed to adduce evidence in that
behalf. Apart from the fact
Patna High Court
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