Civil Procedure Code, 1908, Section 11 -- Res judicata - To constitute res judicata conditions to be satisfied are : (i) The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue in the former suit; (ii) The former suit must have been a suit between the same parties or between..........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Suit for specific performance - Subsequent purchaser for valuable consideration without notice - Once the possession is of the plaintiff over the suit land, the subsequent purchaser should make an inquiry as to title or interest of the person in actual possession as on the date when sale transaction was made..........
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 parties when the same issue arises..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC forbids trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Simpliciter suit for injunction - Suit withdrawn - Subsequent suit for declaration of title, injunction and recovery of part of extent over which structures exists - Cause of action for subsequent suit arose as defendant attempted to trespass and put up some constructions..........
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..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - The parties in both the suits must have litigated under the same title - Exparte decree - Parties were litigating under the same title in the subsequent suit - Exparte decree passed in the former suit would operate as resjudicata...........
Civil Procedure Code, 1908, Section 11 -- Appellant was litigating on the basis of title acquired by her from `K' - Exparte decree passed against `K' in a former suit - Appellant not party in the former suit - By virtue of the ex parte decree passed in the former suit, the subsequent suit filed by the appellant is hit by resjudicata...........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Locus standi to challenge acquisition proceedings - Notification u/s 4 & 6 for acquiring land - Petitioner purchase land after notification u/s 4 - Writ for quashing notifications - Sale of land after issuance of notification u/s 4 an encumbrance by owner - Sale void against state -..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
