merits as yet. It was
set down for hearing on certain preliminary points of law
raised by the learned counsel for the appellant attacking ... considered desirable to
have the present case heard on the preliminary points of
law.
It is not disputed that the language of section
decided to hear arguments on the questions raised
treating them as preliminary points in the appeal itself.
Whether the appeal will- be heard further ... result therefore, is that the preliminary point raised
by the appellant cannot succeed. The petition under article
32 shall stand dismissed and the appeal will
first
time and we are required to decide the said
preliminary point of jurisdiction by following the law
laid down in the case of Moly ... opposed the preliminary point of jurisdiction and
supported the impugned order of conviction and
sentence. She has pointed out that the preliminary
point of jurisdiction
also not been disputed. Mr. Sahay has, however, taken the preliminary point that the notices issued to the opposite party in both the cases were ... treatment than legal treatment."
15. I first take up the preliminary point which Mr. Sahay has rai.ed in both cases
District Magistrate, Bahraich. In this State of affairs a preliminary point was raised on behalf of the respondent to the effect that the appeal ... premature and should be dismissed on that ground. The preliminary point was supported by the authorities of this Court, Mohammad Illayas v. State of Uttar
pleadings in her written statement and seeking determination of the preliminary point as a sequel to the amendment has been made at the belated stage ... request made by the respondent for determination of the said preliminary point at the threshold would require consideration for obvious reasons. For that matter
Today, the appeals are heard on a preliminary point only, and the preliminary point is as to the jurisdiction of the trial Magistrate ... coming into force of the Act.
28. For these reasons the preliminary point regarding want of jurisdiction in the learned trial Magistrate
Today, the appeals are heard on a preliminary point only, and the preliminary point is as to the jurisdiction of the trial Magistrate ... coming into force of the Act.
28. For these reasons the preliminary point regarding want of jurisdiction in the learned trial Magistrate
however, he loses
on the merits of the preliminary point the
proceeding will go on. Applying the test of
Kuppuswami case such an order will
issue. It further relates to disposal of
the suit treating these points as preliminary
issues and also relates to deferring the settlement
of other issues ... issue. It further relates to
disposal of the suit treating these points as preliminary issues
and also relates to deferring the settlement of other issues
