Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Suit for eviction of tenant - Tenant not claiming ownership in suit premises though he had the opportunity - It operates as constructive res judicata - Tenant cannot claim ownership in a subsequent suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Matter directly and substantially in issue actually or constructively - A matter is actually in issue when it is in issue directly and substantially and a competent Court decides it on merits - A matter is constructively in issue when it `might and ought' to have been a ground of defence or attack in the former suit..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Contention taken in the present suit could have been taken in the earlier suit but not taken - Such contention cannot be taken in the present suit in view of Explanation IV to S.11 CPC...........
Representation of the Peoples Act, 1951, Section 80, 100 -- Election petition - Res judicata - Held, adjudication in an election petition, not inter-parties, cannot operate as res judicata in a subsequent election petition challenging that subsequent election...........
Land Acquisition Act, 1894, Section 4, 6, 18, 23, 25, 54 -- Land acquisition - Notifications dated 24.10.1961 and 23.1.1965 - Awards passed dividing acquired lands in three categories - Reference u/s 18 filed by owners - Reference Court awarded compensation of Rs.18,000/- per bigha and Rs.12,000/- per bigha respectively for the lands covered in two awards - Appeal by Union..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Leave of Court - Refusal to grant leave on ground of res judicata as earlier application for production of documents was rejected on ground of application being vague and casual - Does not operate as res judicata in making subsequent application...........
Civil Procedure Code, 1908, Section 11 - - Res judicata - Constructive res judicata - In the previous litigation the right of defendant No.1 crystallized - All questions including question of registration of decree ought to have been raised in those proceedings but were not raised - Held that such a question would be deemed to have been raised and decided against defendant..........
Civil Procedure Code, 1908, Section 152, 11 -- Principle of res judicata is not applicable in respect of an application filed u/s 152 CPC - Successive applications for correction of mistakes under S.152 CPC are permissible till the mistakes are rectified and decree does not accord with the judgment...........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Plea of ownership to the suit house was substantially involved for seeking relief of permanent injunction in the former suit - Plea of ownership could and ought to have been raised in the former suit - Subsequent suit claiming title to the suit property is barred by constructive res judicata...........
Constitution of India, 1950, Article 226, 32 -- Writ petition u/s 226 - When it is decided on merits and the order is a speaking order then it amounts to res judicata and it bars a petition under Article 32 of the Constitution on the same facts irrespective of whether notice was issued to the other side or not before such a decision was given...........
