Showing : 51-60 of 697 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Boundaries of properties in earlier suit and present suit are same - Claim of plaintiff in earlier suit was based upon sale deed which was not believed and dismissed and attained finality being not challenged - It was thus, not open for plaintiff to again assert his claim on the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Proceedings for grant of succession certificate are summary in nature - Findings rendered therein would not bar initiation of civil suit by applicant or any other party to proceedings for establishing any right or interest in subject matter of proceedings and would not operate as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Previous suit for specific performance and permanent injunction - Suit dismissed and appeal thereagainst pending - Subsequent suit for injunction on basis of same agreement to sell is barred by res judicata - Plaint rejected being barred by res judicata...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Dismissal of previous writ petition by single word `dismissed' by a no, speaking order would not operate as constructive res judicata - Before a Court invokes rule of res judicata, Court has to be certain and in a position to return a finding that previous writ petition..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378-- Issue of jurisdiction involved - Inspite of that Court gave a finding on merits - Such finding cannot be treated as res judicata as it was purely auxiliary or non foundational to the main issue in the earlier order...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Fundamental test to attract S.10 CPC is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit or not...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Issue of res judicata and limitation are required to be decided after evidence is led by parties - This is too early a stage or premature to reject plaint U.O.7.R.11(d) CPC on these grounds...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Principle of res judicata cannot be caged in confines of S.11 CPC - This canon of law is of far more general application and wider generic extension...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, 24-- Res judicata - Not applicable to transfer application, as principle of res judicata applies to a decision of a suit or an issue and decision of an application u/s 24 of the Act cannot be treated to be decision of an issue - Second/subsequent application u/s 24 of the Act thus, not barred by res..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Suit for possession filed by landlord and judgment there in with respect to entitlement of landlord to seek possession will not in any manner operate as res judicata as against defendant/tenant either for seeking final relief in specific performance suit or including interim relief..........

Showing : 51-60 of 697 Results