Civil Procedure Code, 1908, Section 11 -- Res judicata - Where suit of plaintiff dismissed on one point, issue or finding recorded against defendant cannot be challenged by him by preferring an appeal, it cannot be said that such issue and finding has been finally decided - Same cannot be held to be operative as res judicata against defendant...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Res judicata - Proceedings initiated u/s 125 Cr.P.C is quasi civil and quasi criminal - Provision of S.11 CPC i.e. principle of res judicata is applicable to proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Res judicata - Earlier two cases filed u/ss 125, 126 Cr.P.C have been rejected for want of prosecution and same have not been finally decided after affording opportunity of hearing to applicant - Fresh application filed u/s 125 Cr.P.C for same relief/cause of action is maintainable, as principle of res..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Guiding principles : (i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to; (ii) The defence made by the defendant in the suit must not be considered while deciding the merits of the application; (iii) To determine whether a..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by res judicata - An adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond the scope of O.7.R.11(d) CPC where only statements in plaint will have to be perused...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When the decision in former suit is not on merits, it would not be res judicata in a subsequent suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proceedings under Land Revenue Code attained finality in the year 1991 and sale deed in question declared as fraudulent and benami in favour of plaintiff - However, question as to whether plaintiff was only ostensible owner and not beneficial owner could not have been gone into by Revenue Authorities - Since said..........
Criminal Trial -- Res judicata - There is no concept of res judicata in criminal jurisdiction...........
