Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 6 -- Principle of res-judicata - Has no applicability when a suit u/s 6 SRA is instituted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of adverse possession - Cause of action - Bar of suit by principle of res judicata - Suit filed by the respondents which is pending adjudication before the Sub Judge which is a suit for declaration of title on the basis of adverse possession - Thus, suit is barred by law...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any question on an issue - already decided finally cannot be raised in a subsequent lis between the same parties...........
Civil Procedure Code, 1908, Section 11, Foreigners Act, 1946, Section 3 -- Foreigners (Tribunal) Order, 1964, Cl.3 (as amended by Foreigners (Tribunal) Amendment Order, 2012) - Foreigners Tribunal - Opinion/order passed by Registering Authority - Operate as res-judicata...........
Criminal Procedure Code, 1973, Section 173(2)(5)(a) -- Authorization for investigation - Dismissal of application by applying principles of res judicata - Failure to file application or authorization along with charge sheet was an omission constituting procedural lapse only - No impediment in appellant seeking to bring the same on record subsequently u/s 173(2)(5)(a)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - However, said prayer was already made in earlier suit filed by plaintiff which was withdrawn without permission of Court to withdraw the suit with liberty to institute fresh suit - Plaintiffs thus, precluded from..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue regarding inter se share between parties already decided by civil Court decrees, which attained finality, as they were never challenged - Same issue taken in consolidation proceedings - DDC thus, rightly held that issue regarding share of parties was barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 - - Res judicata - Issue which has not been expressly permitted to be decided in earlier writ petitioner, cannot operate as res judicata in subsequent writ petition where challenge to the said issue has been raised...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - First suit was dismissed predominantly on the ground that it was premature and not on merits - Findings rendered in first suit are not binding on parties in second suit on ground of res judicata - Second suit not barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability to labour proceedings - Principle of res judicata applies to labour/industrial proceedings...........
