Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Issue of res judicata is very important in civil litigation - Object of S.11 CPC can be fulfilled by treating issue of res judicata as preliminary issue - Trial Court to frame issue of res judicata as preliminary issue and to decide the same after providing opportunity to both the sides for..........
Civil Procedure Code, 1908, Section 25, 11 -- Second application for transfer of proceedings under Hindu Marriage Act - Change of circumstances - Dismissal of petition for transfer does not operate as res judicata when a fresh petition is filed on change of circumstances - However, petitioner has to satisfy Court that there are change of circumstances and that there are..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - There can be no applicability of principle of res judicata when orders of Criminal Courts are pitted against proceedings in civil Court...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce - Earlier divorce petition dismissed in default - Does not operate as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction - Corporation tenant filed two CRAs challenging concurrent findings of eviction against them, which were dismissed - So long as that judgment holds field, lease stood judicially determined and judgment of eviction operates as res judicata against Corporation...........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application for divorce and return of gold ornaments filed by wife was dismissed as it was not pressed on reunion - There was no adjudication on issues on earlier petition - Principles of res judicata will not come as a preliminary issue in subsequent petition on similar terms filed by wife...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for mandatory injunction was filed by plaintiff which was dismissed - Appeal against the same also dismissed, but special liberty was granted to plaintiff to apply for new electricity connection - Subsequent suit for permanent injunction filed alleging that plaintiff was being granted such electricity..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In previous suit for permanent injunction neither an issue was framed with regard to ownership of property nor question of ownership was necessary to be adjudicated upon for determining entitlement of plaintiff therein to seek injunction against interference in her possession or dispossession therefrom forcibly and..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
