Showing : 211-220 of 586 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Revenue sale challenged on a previous occasion and negatived by Court on merits - Subsequent challenge of the same on ground of fraud in the conduct of recovery proceeding and sale - Held, barred by res judicata...........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Revenue sale - Writ petition by one of the partners of the firm - Dismissal thereof - Subsequently challenged by the firm - Barred by res judicata as the previous challenge is to be taken as one for and on behalf of the firm and the same is binding on it...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Interrogatories - Must be such that it does not result in shifting the burden or onus of proof on the respective issues - The procedure U.O.11 CPC cannot be treated as a substitute for discharge of burden of proof in a suit by the concerned party...........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Plea of fraud barred by res judicata - Such plea of fraud would not displace the binding nature of the decree or order and the operation of the principles of res judicata in respect of that decree or order...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Proof of - Should be proved by producing the copies of pleadings and issues framed in the earlier suit, by the party, which raises the plea of res judicata...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Subject matter of dispute - Subject matter of earlier suit was different from subject matter of this suit - It is appellants' own case that in that case plaintiff's claim was that he was in possession of Khasra No.1404 and that the same was owned by appellants-defendants and that..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Land Acquisition Act, 1894, Section 16, Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11-- Acquisition of land - Writ petition - Constructive res judicata - Petitioners filed writ petition seeking for review - Subsequently, they had given up the said prayer - Other contentions raised by petitioners are fully covered by the judgment of Hon'ble Supreme Court - Further, the issue has..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 60-- Res judicata - Second suit for redemption of mortgage - First suit dismissed U.O.17.R.3 CPC - Held, in the absence of extinguishment of right of redemption, second suit for redemption not barred and is not hit by principle of res judicata as in the previous suit right of redemption was not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115-- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Cross suits - Clubbed together - Common judgment - Appeal filed against one of the decrees not maintainable as it is barred by principle of res judicata...........

Showing : 211-220 of 586 Results