Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Criminal trial -- Res judicata - Principle of res judicata is equally applicable in criminal matters...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier application was filed for deleting the names of some of DHs - Whereas, subsequent application has been filed for substitution of JDs - Subsequent application not barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata applies to and binds quasi-judicial authorities...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Writ petition - Res judicata - First writ petition was not for release of land - Second writ petition was withdrawn because appellant's representation was pending, and present writ petition has been preferred, after his representation was rejected, impugning rejection order - Thus, appellant's request for release..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata cannot be decided in an application filed U.O.7.R.11 CPC, since said issue involves consideration of pleadings in earlier suit, judgment of trial Court and judgment of appellate Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed by plaintiff is for declaration and permanent injunction and subsequent suit filed by defendant is for possession - Relief sought in both the suits is different, thus, it would not operate as res judicata - Application rightly rejected...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata not only apply in respect of separate proceedings but general principles also apply at the subsequent stage of the same proceedings also and same Court is precluded to go into that question again which has been decided or deemed to have been decided by it at an early stage...........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
