Showing : 91-100 of 686 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 37-- Injunction suit - In a suit for injunction, Court need not to examine the question of title nor findings recorded in a suit for injunction qua title constitutes res judicata in subsequent proceedings qua ownership...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6A, , Section 11-- Consolidated appeal against partial decretal and dismissal of counter claim - Not maintainable - There were two distinct adjudications though made by way of same judgment - Both these adjudications assume status of decree and they are required to be challenged separately - Filing only one appeal..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 14, Rule 2(2)-- Preliminary issue - Issue of res judicata - It is a mixed question of law and fact, though relates to jurisdiction of Court - Cannot be treated as preliminary issue...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Suit for declaration - Proceedings pending before revenue authority and order passed therein were already assailed and were subject matter of suit itself - Once that be so, any subsequent order passed by revenue authorities would be hit by doctrine of lis pendens and would otherwise..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Writ petition - Earlier writ petition highlighted instances of illegal excavations and violations of Forest Conservation Act - However, none of said matters appeared in subsequent writ petition, as instances highlighted in subsequent writ petition are completely independent of those..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Res judicata - Earlier suit not between same parties and case does not satisfy parameters of S.11 of CPC - Bar of res judicata will not apply...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Principle of res judicata has the effect that merits of earlier judgment have not to be seen which have become final and earlier judgment, even if it is presumed to have wrongly been decided, issue is binding on the parties once the same achieves finality...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 12, Rule 6-- Judgment on admission - Res judicata - Suit for possession - First appellate Court in his earlier judgment while remanding the matter to trial Court held that Delhi Rent Control (DRC) Act not applicable to suit premises - Defendant did not challenge the said judgment and it became final and..........
KERALA HIGH COURT
Year of decision: 2016
Details
Criminal trial-- Principles of res judicata and constructive res judicata are squarely applicable to criminal proceedings also...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Explanation IV - Constructive res judicata - Withdrawal of appeal with liberty to approach for appropriate relief afresh - Does not mean that what could have been asked and deemed to have been abandoned (i.e. the constructive res judicata principle) could be sought...........

Showing : 91-100 of 686 Results