Constitution of India, 1950, Article 226 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Civil Procedure Code, 1908, Section 11 -- Explanation VII - Res judicata - Applies to execution proceedings as well - Principles of res judicata applies to different stages of the same proceedings is well settled...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution - A decision in executing proceedings on question of value of property, as such may not constitute res judicata at a later stage of execution proceeding where the question arises whether the value of property has undergone change...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1,2, Delhi Rent Control Act, 1958, Section 14(1)(a) -- Eviction - Temporary injunction - Res judicata - Eviction order against tenant - Appellant filed application U.O.39.Rr.1, 2 CPC to obtain stay of execution proceedings with respect to eviction order passed against him - Objections filed by person through whom..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles of res judicata...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was competent to entertain such a plea..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Shamlat Deh - Ejectment - Question of title - Res judicata - Earlier petition u/s 7 filed by Gram Panchayat was dismissed - Gram Panchayat then filed petition u/s 11 of the Act - Gram Panchayat is not estopped from seeking eviction of petitioner u/s 11 of the Act when earlier on petition filed by Gram..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability in same proceeding - Held, in same proceeding in subsequent stages, principle of res judicata is applicable...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of minor child - Review/modification of consent order - Custody of minor child given to mother by way of consent order with visiting rights to father - Mother tutored child to make him hostile towards father and thus frustrated..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Second suit for declaration of title and injunction - Difference in area of land - Held, principle of res judicata has to be applied on the basis of issues decided between parties by proper adjudication by a competent Court - Difference in area of land is not material as the issues in instant case was directly and..........
