Civil Procedure Code, 1908, Section 11 -- Res judicata - Appellant one of the defendants chose not to appear and was proceeded ex parte - Suit decreed - Appeal not filed - Explanation (iv) to S.11 CPC provides that where any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 376 -- Rape - Principle or res gestae - Applicability - Immediate disclosure of the incident by prosecutrix to her mother - Held, relevant and admissible as res-gestae, u/s 6 of the Evidence Act...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Allegations of fraud - Setting aside of - `Res ipsa loquitur' - One cent land was sold for Rs. 18000/- vide sale deed dated 4.9.1982 - Three cent land allegedly sold for a sum of Rs. 1000/- vide sale deed dated 11.7.1983 - Unconscionable transaction - Sale deed dated 11.7.1983 liable to be set aside...........
Civil Procedure Code, 1908, Section 11 -- Exparte decree - Res judicata - Exparte decree is as good and effective as a decree passed after contest - Exparte decree operates as res judicata unless the party challenging the decree satisfies Court that ex parte decree was obtained by fraud...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - It is not necessary that all the parties to the two litigations must be common - All that is necessary is that the issue should be between the same parties or between parties under whom they or any of them claim...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - To constitute res judicata conditions to be fulfilled are : (i) There must be two suits - one former suit and the other subsequent suit; (ii) The Court which decided the former suit must be competent to try the subsequent suit; (iii) The matter directly and substantially in issue must be the same either actually or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 11 -- Eviction petition - Res judicata - Second eviction petition on ground of personal necessity - Second eviction petition is maintianble in case there is change of circumstances after the decision in the earlier eviction petition...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Section 11 -- Eviction petition - Res judicata - Shop required for son - Petition dismissed on ground that son was employed in Municipal Committee - Son leaving service and doing business - Second petition not barred by res judicata in view of changed circumstances after the decision in..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Second suit involved different issues as compared to the first suit - Second suit not entirely identical to the first suit - All the findings recorded in the second suit would not operate as res judicata in the first suit - Application dismissed - Order upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of earlier suit as not filed by competent person - Does not constitute res judicata...........
