Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata are not only applicable in respect of separate proceedings but general principle of res judicata are also applicable at subsequent stage of same proceedings and therefore same Court will be precluded to go into that question which has already been decided or deemed to have been decided by..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where executing Court has given findings on an application which was not at all maintainable, findings affecting applicant's interest do not operate as res judicata in subsequent suit that they may initiate...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Bar of res judicata - Issue of res judicata cannot be decided in an application U.O.7.R.11 CPC, as adjudication on the issue involves consideration of pleadings in earlier suit, judgment of trial Court and Judgment of Appellate Courts...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata as embedded u/s 11 CPC would apply not only to party to lis but also those who are litigating under them or any of them...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Procedure adopted in such cases is summary - Any matter which is decided in a summary manner shall not have an effect of res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second petition for maintenance - Res judicata - Earlier petition for maintenance was dismissed - Wife filed second maintenance petition in a premise that there has been change in circumstance - Second maintenance petition is maintainable when there is change of circumstances...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Second application for rejection of plaint - Same plea was raised earlier - Principles of res judicata/constructive judicata are applicable in the subsequent stages of same proceedings during pendency of suit - Order dismissing application on ground of res judicata, upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where suit of plaintiff dismissed on one point, issue or finding recorded against defendant cannot be challenged by him by preferring an appeal, it cannot be said that such issue and finding has been finally decided - Same cannot be held to be operative as res judicata against defendant...........
