Showing : 111-120 of 715 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Dismissal of suit on the ground of res judicata does not cease to be a decree on account of a procedural irregularity of non framing of an issue...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 2(2), 11-- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - S.11 CPC barred adjudication of an issue which was directly and substantially in issue in a former suit between same parties and has been heard and finally decided...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 10, 11-- Stay of subsequent suit - Fundamental Test - Whether any final decision being reached in previous suit, such decision would operate as res judicata in the subsequent suit...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Question as to whether property in dispute in civil suit and writ petition are same or different - It is a question of fact which can be decided only after parties lead evidence - Dismissal of application - No interference warranted...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Means - A `thing adjudicated' or `an issue that has been definitively settled by judicial decision'...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Succession Act, 1925, Section 387-- Res judicata - Succession certificate granted to Ist wife of deceased holding that second marriage was illegal - Does not operate as res judicata on subsequent proceedings for establishing the same right - While granting succession certificate, Court has no authority to determine marital status of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 22, Rule 5-- L.R's - O.22.R.5 CPC is only for the purpose of ringing L.Rs on record for conducting those proceedings only and does not operate as res judicata - Inter se dispute between rival legal representatives has to be independently tried and decided...........

Showing : 111-120 of 715 Results