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1 - 10 of 33 (0.44 seconds)The Code of Civil Procedure, 1908
Rama Narang vs Ramesh Narang & Ors on 19 January, 1995
55. The Supreme Court in Rama Narang (supra) has noticed
Tayabbhai M. Bagasarwalla and Another (supra) and
held that, where the objection of jurisdiction is taken, the
Court should decide such question first. However, that does
not mean that pending the decision on the question of
jurisdiction, the Court has no jurisdiction to pass interim
orders as may be called for in the facts and circumstances of
the case. Mere objection to jurisdiction does not instantly
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disable the Court from passing any interim orders. It can
pass appropriate orders.
The Ahmedabad St. Xaviers College ... vs State Of Gujarat & Anr on 26 April, 1974
10. Learned advocate appearing for the respondent nos. 1 and 2
has submitted that, there were attempts earlier to interpret
the decree and the constitution to mean that non-Christian
can be appointed as Ex-officio Governor and that such
attempts failed. In this regard he has referred to the orders
dated February 1, 1968, the order dated July 12, 1966 and
the order dated March 1, 2000 passed by the Division
Bench. Relying upon 1992 Volume 1 SCC 558 (St.
Stephen's College vs. University of Delhi), 1974 SCC 717
(Ahmedabad St. Xavier's College Society & Anr. Vs.
State of Gujarat), 2002 Volume 8 Supreme Court Cases
481 (T.M. Pai Foundation vs. State of Karnataka),
learned advocate appearing for the respondent nos. 1 and 2
has contended that, since the school is a minority institution
it is not permissible for the Court to interfere in its
administration.
T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002
10. Learned advocate appearing for the respondent nos. 1 and 2
has submitted that, there were attempts earlier to interpret
the decree and the constitution to mean that non-Christian
can be appointed as Ex-officio Governor and that such
attempts failed. In this regard he has referred to the orders
dated February 1, 1968, the order dated July 12, 1966 and
the order dated March 1, 2000 passed by the Division
Bench. Relying upon 1992 Volume 1 SCC 558 (St.
Stephen's College vs. University of Delhi), 1974 SCC 717
(Ahmedabad St. Xavier's College Society & Anr. Vs.
State of Gujarat), 2002 Volume 8 Supreme Court Cases
481 (T.M. Pai Foundation vs. State of Karnataka),
learned advocate appearing for the respondent nos. 1 and 2
has contended that, since the school is a minority institution
it is not permissible for the Court to interfere in its
administration.
Sk. Md. Rafique vs Managing Committee, Contai Rahamania ... on 6 January, 2020
11. Respondent no. 7 has supported the contentions raised by
respondent Nos. 1 and 2. Learned advocate appearing for the
respondent no. 7 has contended that, Court should not
interfere in the management of a minority institution. In
addition to the authorities relied upon by the respondent
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nos. 1 and 2, learned advocate appearing for the respondent
7 has relied upon 2020 Volume 6 Supreme Court Cases
689 (S.K. Mohd. Rafique Vs. Contai Rahamania High
Madrasah) and 2020 Volume 8 Supreme Court Cases 705
(Christian Medical College Vellore Assn. Vs. Union of
India) in such context.
Christian Medical College Vellore ... vs Union Of India on 7 April, 2022
11. Respondent no. 7 has supported the contentions raised by
respondent Nos. 1 and 2. Learned advocate appearing for the
respondent no. 7 has contended that, Court should not
interfere in the management of a minority institution. In
addition to the authorities relied upon by the respondent
9
nos. 1 and 2, learned advocate appearing for the respondent
7 has relied upon 2020 Volume 6 Supreme Court Cases
689 (S.K. Mohd. Rafique Vs. Contai Rahamania High
Madrasah) and 2020 Volume 8 Supreme Court Cases 705
(Christian Medical College Vellore Assn. Vs. Union of
India) in such context.
Union Of India vs Ibrahim Uddin & Anr on 17 July, 2012
63. It is trite law as has been observed in Ibrahim Uddin &
Another (supra) that, relief not founded on pleadings cannot
be granted. All material facts has to be pleaded and a party
cannot be allowed to travel beyond the pleadings. The other
authorities cited on the point that, a party must not travel
beyond the pleadings and therefore all material facts has to
be pleaded are not discussed at length here.
Ritona Consultancy Pvt. Ltd. And Ors. ... vs Lohia Jute Press And Ors. Etc on 5 February, 2001
13. Relying upon 2012 Volume 8 Supreme Court 148 (Union
of India Vs. Ibrahim Uddin & Another), 2001 Volume 3
Supreme Court Cases 68 (Ritona Consultancy Pvt. Ltd.
10
& Ors. Vs. Lohia Jute Press & Ors.), 1999 Volume 2
Supreme Court Cases 377 (Sree Jain Swetambar
Terapanthi Vid(s) vs. Phundan Singh & Ors.), 2015
Volume 2 Supreme Court 156 (Meena Chaudhary Vs.
Commr. Delhi Police) and 1983 Volume 4 Supreme Court
Cases 625 (Cottan Corpn. of India Ltd. Vs. United
Industrial Bank Ltd.) learned advocate appearing for the
respondent no. 7 has contended that no relief should be
granted beyond the pleadings.
Sree Jain Setambar Terapanthi Vid (S) vs Phundan Singh And Ors on 9 February, 1999
13. Relying upon 2012 Volume 8 Supreme Court 148 (Union
of India Vs. Ibrahim Uddin & Another), 2001 Volume 3
Supreme Court Cases 68 (Ritona Consultancy Pvt. Ltd.
10
& Ors. Vs. Lohia Jute Press & Ors.), 1999 Volume 2
Supreme Court Cases 377 (Sree Jain Swetambar
Terapanthi Vid(s) vs. Phundan Singh & Ors.), 2015
Volume 2 Supreme Court 156 (Meena Chaudhary Vs.
Commr. Delhi Police) and 1983 Volume 4 Supreme Court
Cases 625 (Cottan Corpn. of India Ltd. Vs. United
Industrial Bank Ltd.) learned advocate appearing for the
respondent no. 7 has contended that no relief should be
granted beyond the pleadings.