Showing : 211-220 of 514 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Court is barred from entertaining an issue which has already been decided previously by any Court of law...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Previous suit for permanent injunction and subsequent suit for possession - If during pendency of earlier suit or after dismissal thereof, defendant has taken possession then suit for possession is not barred by resjudicata - Earlier suit dismissed U.O.17.R.3 CPC - Suit for..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 22, Rule 5-- Impleading of legal representatives - Determination of question as to who is the legal representative is only for the purposes of bringing legal representatives on record for the conducting of those legal proceedings only and does not operate as res judicata and the inter se dispute between the..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Contention of fraudulent transfer/s 53 TPA in a claim for property attached before judgment is not hit by S.11 Expln.IV when such claim is allowed on the ground of transfer having taken place before order of attachment - Such a contention can be raised in appropriate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11-- Rent receipts produced in eviction petition - Failure to prove rent receipts - Civil suit for recovery of rent paid in excess - Held, even if the plaintiff has not produced any evidence to prove the receipts before Rent Controller, such receipts can be examined by Civil Court independent of the..........

Showing : 211-220 of 514 Results