appeal is preferred has disposed of the suit upon a
preliminary point and the decree is reversed in appeal, the Appellate Court ... preferred has disposed of the case otherwise than on a
preliminary point, and the decree is reversed in appeal and a re-trial is
considered
appeal is preferred has disposed of the suit upon a
preliminary point and the decree is reversed in appeal, the Appellate
Court ... preferred has disposed of the case otherwise than
on a preliminary point, and the decree is reversed in appeal and a re-
trial is considered
case law produced by either side."
(8) On the preliminary point this was his decision. Then he called upon the management to file ... remaining points in dispute.
(9) Against the award on the preliminary point the management brought a writ petition in this court on July
sent a reply to Press Council, stating, inter alia, that the preliminary points raised by the petitioner in his written statement should be decided first ... dated January 9. 1975 accepted the position and stated that the preliminary points raised before the Press Council would be considered first and only ofter
another". After the
conclusion of the hearing on the preliminary point the parties were
requested to file brief written submissions which they have done ... respondents, are as follows: -
(a) The preliminary point taken now in the present proceedings
was not taken before the BIFR at any point of time
suit only where
the suit has been disposed-of on a preliminary point or where
retrial is necessary; but where there is sufficient evidence ... appeal is preferred has disposed of the suit
upon a preliminary point and the decree is reversed in appeal, the
Appellate Court
with a contention, that "as a general rule, where a preliminary point was to be decided, the court would not imply a term that ... true of a Tribunal which has to decide a preliminary point which may affect parties' rights. There is, moreover, in my view, no authority
conduct of the assess'ee company in the present case points to the contrary.
(12) In this view of the matter, we would, therefore ... Since the Tribunal had disposed of the appeal on a preliminary point, the matter will have to go back to the Tribunal for decision
evidence, this question cannot be decided by this Court as preliminary point just on the basis of the averments made in the plaint
Thomson Reuters India Private Limited vs Ld Presiding Officer, Labour Court & Anr on 30
