AI Overview...
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Pure Question of Law Can Be Urged Anytime - It is emphasized that a pure question of law can be raised and argued at any stage of proceedings, regardless of the context or the stage of the case. Courts may decide such questions independently of factual disputes, and they are not barred from raising or considering these issues later in the process. KHIMJI BHIMJI MAJITHIA VS TARABEN LALJI SONI - Gujarat
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Jurisdiction and Pure Questions of Law - Courts can examine jurisdictional issues as pure questions of law at any stage, and these do not require the involvement of factual determinations. For example, jurisdictional objections or questions regarding the proper forum are recognized as pure questions of law that can be raised anytime. Executive Engineer, Irrigation Division, Mahabubabad VS K. Venkatnarayana - Andhra Pradesh, Jitbandhan VS Gulab Devi - Madhya Pradesh
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Legal Questions in Specific Contexts - In cases involving legal interpretations (e.g., contractual clauses, interpretation of statutes), courts acknowledge that such questions are purely legal and can be decided at any stage. This includes questions like the interpretation of transferability conditions or contractual provisions, which are considered pure questions of law. Additional Commissioner Of Income-tax VS Hindustan Milk Food Mfg. Ltd. - Punjab and Haryana
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Fraud and Validity of Orders - Orders obtained by fraud or without jurisdiction are considered nullities, and the question of their validity is a pure question of law that can be raised at any time. The law permits examining such issues independently of factual disputes. Ritesh Rajendra Thakur VS State of Maharashtra through its Secretary, Tribal Development Department - Bombay
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Evidence and Pure Questions of Law - In criminal cases, issues such as whether a death was suicidal or homicidal are primarily questions of law when based on expert evidence, and these can be argued at any stage. The absence of direct evidence on certain facts does not preclude raising legal questions about the nature of the incident. Prem Singh etc. VS State of Punjab etc. - Crimes, Prem Singh: Amarjit Singh: State Of Punjab VS State Of Punjab: State Of Punjab: Bimal Kaur - Supreme Court
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Res Judicata and Legal Questions - The doctrine of res judicata depends on factual proof, and whether it applies is a question of fact. Therefore, it is not a pure question of law and cannot be debated at any stage without factual determination. The Calcutta Chemicals and Limited. VS Taiyeb Yusufbhai Vakharia and another - Madras
Analysis and Conclusion:
The sources collectively affirm that pure questions of law are inherently capable of being urged at any stage of judicial proceedings. Courts recognize their importance in ensuring legal correctness and uphold that such questions, including jurisdiction, interpretation of statutes or contracts, and validity of orders obtained by fraud, can be addressed at any time. However, questions intertwined with factual disputes, such as res judicata, are not considered purely legal and require factual adjudication before they can be conclusively determined.
Search Results for "Pure Question of Law can be Urged Anytime"
1981 0 Supreme(Guj) 167 • India - Gujarat
I.C.BHATT, N.H.BHATT
dealt with this question we leave this question open and proceed to decide this reference only on the pure question of law as it ... is referred to us and after deciding that abstract question of law we would refer this revision application back to the learned ... must or must not contain a specific demand of the arrears of rent - Learned advocate appearing for petitioner on the other hand urged ... As this question is also of vital....
1973 0 Supreme(Mad) 498 • India - Madras
RAMAPRASADA RAO, NATARAJAN
On the question whether the forum in which the action should have been brought was only Penang, the court found that Penang has been ... that the amount was deposited under a peculiar contract prevailing in the Nattukottai Chetty community, that it was not a loan pure ... CONTRACT - PLACE OF PERFORMANCE - DEPOSIT - LIMITATION - MALAYSIAN LAW OF LIMITATION - NOT APPLICABLE - INDIAN LIMITATION ACT, ... On the question whether the forum in which the action should have been brought was only Penang, the learned Subordinate Ju....
1982 0 Supreme(MP) 669 • India - Madhya Pradesh
G.P.SINGH
... Held: There were two objections raised on tile question of jurisdiction ... settled that although the executing Court cannot go behind the decree or order which it is required to execute, it can examine the question ... On both the grounds urged by the learned counsel for the husband, it must be held that the order under section 25, which is being
2011 0 Supreme(P&H) 1389 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
Since no question of law, muchless substantial, is involved, so, no interference is warranted, in the impugned judgments/decrees of the Courts below, in view of the law laid down by Hon'ble Apex Court in case Kashmir Singh v. Harnam Singh & Anr. 2008 (2) R.C.R. ... An identical question came to be decided by the Hon'ble Apex Court in case titled as Sukhnandan Singh etc. ... Telu” in the Court of Civil Judge, Kaithal, seeking the relief of declaration to the effect that the plaintiffs were mortgagees with possession of th....
2008 0 Supreme(AP) 694 • India - Andhra Pradesh
L.NARASIMHA REDDY
reference of the industrial Dispute regarding regularization of the petitioners can be examin3ed at any time since it is a legal question ... Though the record does not disclose that the question of jurisdiction was raised by the Labour Court, the fact remains that it is a pure question of law and it can be taken note of at any stage. At any rate, the Labour Court could not have gone into the legality of the reference made to it. ... The question referred to the Labour Court reads as u....
2020 0 Supreme(Bom) 243 • India - Bombay
S.S.SHINDE, V.G.BISHT
that a judgment decree or order obtained by playing fraud on court tribunal or authority is a nullity and nonest in eye of law - ... Committee without jurisdiction or validity order is obtained by committing fraud on Committee - It is thus settled proposition of law ... Dixitulu wherein this Court, while discussing the effect of Section 11 Civil Procedure Code on a pure question of law or a decision given by a court without jurisdiction, opined : (SCC p. 42, para 24) "24.... ... Moreover, this is a #HL_....
• India - Crimes
M.K.MUKHERJEE, S.P.KURDUKAR
Gujral urged that prosecution had led no evidence on the record to show that Amarjit Singh was present at the time of the incident in question. ... The sale question that needs to be considered in the light of this expert's evidence is as to whether it was a suicidal death or homicidal. ... It also needs to be noticed that the prosecution had led no evidence to show that Amarjit Singh (A-1) was present at his house at the time of incident in question. ... He admitted that he did not receive any letter or oral complaint f....
1974 0 Supreme(P&H) 57 • India - Punjab and Haryana
PRITAM SINGH PATTAR, D.K.MAHAJAN
The assessment year in question was 1968-69. ... Final Decision: The court answered the question referred to it in the affirmative, holding that the transferability condition ... Thus, it is a pure question of interpretation of the above sub-clause. ... 10. To begin with, we concede that the matter is difficult because there are two opposing principle? which would govern the case. ... The Income-tax Appellate Tribunal, Chandigarh Bench, has referred the following question of law for ....
1996 7 Supreme 767 • India - Supreme Court
S.P.KURDUKAR, M.K.MUKHERJEE
Gujral urged that prosecution had led no evidence on the record to show that Amarjit Singh was present at the time of the incident in question. ... ... The sole question that needs to be considered in the light of this expert s evidence is as to whether it was a suicidal death or homicidal. ... It also needs to be noticed that the prosecution had led no evidence to show that Amarjit Singh (A-1) was present at his house at the time of incident in question. ... He admitted that he did not receive any letter or oral compl....
1999 0 Supreme(Mad) 756 • India - Madras
A.RAMAN
question of law which could be debated at any stage. 3. ... relied on the fact that the plea of res judicata is decidedly dependent upon proof or disproof of many facts and that it is not a pure ... It is not a pure question of law which could be debated at any stage.” ... 20. The Apex Court has held in the decision reported in State of Punjab v. B.D. ... The effect of Section 5 is to transform the question of fact viz., the fact that already fair rent was fixed, i....
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