Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Principle of res judicata is applicable to an application U.O.7.R.11 CPC - When petitioners have already moved application for the same relief which was dismissed, then he cannot claim the same very relief twice...........
Civil Procedure Code, 1908, Section 11, 9 -- Res judicata - Proceedings initiated in Consumer Fora - Not a bar to civil suit even when parties are same, cause of action is same and relief claimed is same - Civil suit is not barred by principle of res judicata even when proceedings initiated in Consumer Fora attained finality...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Object - Principle of res judicata, envisages that a judgment of a court of concurrent jurisdiction directly a point would create a bar as regards a plea, between the same parties in some other suit in another court, where the said plea is sought to be raised afresh on the same very point that was determined in the..........
Evidence Act, 1872, Section 6 -- Res gestae - Murder case - PW7 reached the place of occurrence just after the incident and saw deceased lying - She also testified injuries of deceased and presence of appellants - PW's spontaneous reaction to a fact is admissible as per S.6 of Act and evidence of PW7 also corroborates evidence of eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR lodged without any delay - Eye witnesses categorically support prosecution evidence - Even all PWs have supported prosecution story - Evidence of PW7 is relevant in the light of principle of res gestae - Ocular evidence corroborated by medical evidence - Recovery of weapon which found to be blood stained proved by..........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second amendment application - Maintainability - Earlier amendment application disposed of with cryptic one line observation that it was being disposed of as not pressed `with liberty granted to plaintiff to file an application giving subsequent events and nature of relief' - Held, said order cannot be treated as..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Issue of res judicata - Cannot be treated as preliminary issue...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 5 -- Conviction - Validity - Appellant was not apprehended from spot - He fled away from place of recovery after leaving behind his cycle - Cycles produced in Court did not bear chit number stating that a particular cycle belongs to appellant - No identification parade was held to..........