https://www.taxtmi.com/caselaws?id=103494 An appeal under Section 10F lies only on a pure question of law; where maintainability raises mixed questions of law and fact, Section 10F appellate jurisdiction does not automatically arise, and here the maintainability challenge involved factual issues of shareholding and succession. Order XIV, Rule 2 CPC permits trial of preliminary issues when they are pure questions of law, but mixed questions require case-specific assessment; given complete pleadings and affidavits and voluminous material, the maintainability issue could properly be tried first and the High Court did not err in so directing. However, a blanket restraint preventing the tribunal from entertaining interim applications was excessive and is set aside; the tribunal may consider interim relief to preserve rights. en-us Fri, 10 Dec 1993 00:00:00 +0530 Thu, 23 Feb 2012 12:50:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103494 An appeal under Section 10F lies only on a pure question of law; where maintainability raises mixed questions of law and fact, Section 10F appellate jurisdiction does not automatically arise, and here the maintainability challenge involved factual issues of shareholding and succession. Order XIV, Rule 2 CPC permits trial of preliminary issues when they are pure questions of law, but mixed questions require case-specific assessment; given complete pleadings and affidavits and voluminous material, the maintainability issue could properly be tried first and the High Court did not err in so directing. However, a blanket restraint preventing the tribunal from entertaining interim applications was excessive and is set aside; the tribunal may consider interim relief to preserve rights. Case-Laws Companies Law Fri, 10 Dec 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103494