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whether the claimants were workmen or not was a `jurisdictional' fact. The Labour Court was having `limited jurisdiction' under ... Labour Court to decide whether the jurisdictional or preliminary fact which could confer jurisdiction on the court was present
Supreme Court of India
- Cites 38 - Cited by 54 - Full Document
litigation at various levels mainly on account of the fact that legislation with respect to rents being State subject differed ... satisfied' about the absence of 'concession'. 'Concession' is the "jurisdictional fact" for the exercise of power under
Supreme Court of India
- Cites 46 - Cited by 48 - Full Document
referred to. (4) Domicil being a jurisdictional fact, the Nevada decree is open to the collateral attack that the respondent ... fraud or collusion. Fraud, in any case bearing on jurisdictional facts, vitiates all judicial acts whether
Supreme Court of India
- Cites 17 - Cited by 47 - Full Document
paid up capital' of the Company was a 'jurisdictional fact' and in absence of such fact, the Court ... right accrued' in favour of the landlord. The 'jurisdictional fact' (paid up share capital of more than rupees one crore
Supreme Court of India
- Cites 26 - Cited by 43 - Full Document
enquiry is limited only to the existence of the jurisdictional facts at the time of grant of the permission when ... lenged subsequently. [312F] The absence of existence of any jurisdictional fact not having been proved by the respondent-tenant even
Supreme Court of India
- Cites 13 - Cited by 33 - Full Document
various decisions as preliminary or collateral facts or as jurisdictional facts. The Civil Court or the High Court, in exercise ... case in which, on a correct decision on the jurisdictional facts, it cannot possibly have any jurisdiction. There
Patna High Court
- Cites 23 - Cited by 8 - Full Document
above questions have a direct bearing on the facts of the case before and hence we straightaway proceed to answer ... Patil that notice under section 148 was a jurisdictional notice and not merely procedural. Therefore, non-issue of notice, issue
Income Tax Appellate Tribunal - Amritsar
- Cites 54 - Cited by 13 - Full Document
raised, the authorities exercising statutory power must determine the jurisdictional fact. Applicability of the Act would be a jurisdictional question ... para 15] What would be a jurisdictional fact has recently been stated by this Court in Arun Kumar & Others
Supreme Court of India
- Cites 35 - Cited by 1 - Full Document
doing either (1) or (2), it might decide a jurisdictional fact and having decided it, may pass an order ... question. Their Lordships were therefore dealing with a jurisdictional fact. Whether the loan was commercial or not was a jurisdictional
Gujarat High Court
- Cites 21 - Cited by 1 - Full Document
that the question who is the intermediary is a jurisdictional fact which can be determined by a Civil Court ... Narain Sinha, a question of jurisdictional fact was involved; and he appears to be right in his contention. As already
Patna High Court
- Cites 22 - Cited by 2 - Full Document
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