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Gtpl Hathway Ltd. vs Strategic Markering Pvt.Ltd. on 20 April, 2020

9. 'Certiorari' may lie and is generally granted when a court has acted without or in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject­matter of the pro­ ceeding or from the absence of some preliminary proceeding or the court itself may not be legally Page 31 of 109 Downloaded on : Tue Feb 16 05:35:52 IST 2021 C/SCA/4524/2019 CAV JUDGMENT constituted or suffer from certain disability by reason of extraneous circumstances, vide Hals­ bury, 2 Edn., Vol IX, p. 880. When the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court can­ not by a wrong decision of the fact give it jurisdic­ tion which it would not otherwise possess, vide Bunbury v. Fuller; R. v. Income Tax Special Pur­ poses Commissioners.
Gujarat High Court Cites 139 - Cited by 10 - B D Karia - Full Document

Radhey Shyam vs Chhabi Nath . on 26 February, 2015

The want of jurisdiction may arise from the nature of the subject-matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances [Vide Halsbury, 2 nd Edn. Vol IX]. When the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess [Vide Banbury vs. Fuller, 9 Exch 111; R. v. Income Tax Special Purposes Commissioners, 21 QBD 313].
Supreme Court - Daily Orders Cites 54 - Cited by 0 - A K Goel - Full Document

Mahendra Kumar Jain Son Of Shri Suresh ... vs Appellate Rent Tribunal on 27 July, 2021

(25 of 70) [CREF-1/2020] (9) "Certiorari" may and is generally granted when a court has acted without or in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances, vide 'Halbury 2 nd edition, Vol. IX, page 880. When the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court cannot by a wrong decision of the fact give it jurisdiction, which it would not otherwise posses. Vide -'Bunbury v. Fuller', (1854) 9 Ex. 111 (F):- R. v. Income Tax Special Purposes Commissioners', (1889) 21 QBD 313 (G).
Rajasthan High Court - Jaipur Cites 109 - Cited by 2 - S R Lodha - Full Document

Priyanvandanben Harishankar ... vs Kirit Jayantilal Kundalia on 15 November, 2021

9. Certiorari may lie and is generally granted when a court has acted without or in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject- matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances [Vide Halsbury, 2 Edn. Vol IX]. When the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess [Vide Banbury vs. Fuller, 9 Exch 111; R. v. Income Tax Special Purposes Commissioners, 21 QBD 313].
Gujarat High Court Cites 19 - Cited by 0 - B N Karia - Full Document

Air India Ltd. vs G.V.Sharma & Anr. on 9 November, 2022

"9. „Certiorari‟ may lie and is generally granted when a court has acted without or in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject-matter of the proceeding or from the absence of some preliminary proceeding or the court itself may not be legally constituted or suffer from certain disability by W.P.(C) 3622/2005 Page 13 of 32 Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:17.11.2022 19:22:47 NEUTRAL CITATION NO: 2022/DHC/004838 reason of extraneous circumstances [Vide Halsbury, 2 Edn. Vol IX]. When the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess [Vide Banbury vs. Fuller, 9 Exch 111; R. v. Income Tax Special Purposes Commissioners, 21 QBD 313].
Delhi High Court Cites 26 - Cited by 0 - Full Document

Bal Krishan Sharma vs Punjab And Sind Bank And Another on 13 January, 2023

9. 'Certiorari' may lie and is generally granted when a Court has acted without or in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject-matter of the proceeding or from the absence of some preliminary proceeding or the Court itself may not be legally constituted or suffer from certain disability by reason of extraneous circumstances(1). When the jurisdiction of the Court depends upon the existence of some collateral fact, it is well settled that the Court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess. Vide- 'Bunbury vs. ::: Downloaded on - 13/01/2023 20:33:46 :::CIS 10 Fuller' (1854) 9 Ex.111 (F);-R. vs. Income Tax Special Purposes Commissioners', (1889) 21 QBD 313. (G).
Himachal Pradesh High Court Cites 10 - Cited by 0 - Full Document
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