Showing : 31-40 of 48 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - A finding as to title given in an earlier injunction suit can operate as res judicata in a subsequent suit for declaration of title when in a suit for injunction title is in issue for the purpose of granting injunction - Issue of title arises directly and substantially between the..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for permanent injunction dismissed as plaintiff not found in possession - Decision attained finality - Question of possession over the suit land having been already decided by a Court of competent jurisdiction in the earlier suit, the same cannot be tried again in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for permanent injunction - Any incidental finding given regarding title to the property does not operate as res judicata...........
MADHYA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 11- - Temporary injunction - Application dismissed on ground of delay and not on merits - Does not bar subsequent application for injunction filed on account of subsequent developments - Principle of res judicata does not apply...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Plea of ownership to the suit house was substantially involved for seeking relief of permanent injunction in the former suit - Plea of ownership could and ought to have been raised in the former suit - Subsequent suit claiming title to the suit property is barred by..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 38-- Suit for injunction - Dismissal of suit - Subsequent suit for declaration of title - Not barred by principle of res judicata as in the earlier suit question of title was not in issue and dismissal of suit on basis of finding regarding possession does not operate as res judicata barring subsequent..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 5-- Eviction of unauthorised occupant of Government land - Land recorded under ownership and possession of Provincial Government from 1924 - 25 to 1994 - 95 - In Column No. 5 of various Jamabandis no entry of any of the petitioners as cultivators nor land in question ever taken on lease from..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 11-- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except..........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - In the previous suit for injunction title was not involved and there was no specific issue of title to the property - As such if Court makes certain observations regarding title in order to ascertain the lawful possession the same cannot be and could not be considered as a finding..........

Showing : 31-40 of 48 Results