Civil Procedure Code, 1908, Section 11 -- Res judicata - Land Tribunal under Kerala Land Reforms Act is a tribunal of exclusive jurisdiction - Decision by it as to existence of tenancy General principles of res judicata apply - Jurisdiction of Tribunal or Civil Court to decide same question - Barred...........
Civil Procedure Code, 1908, Section 11 -- Removal from service challenged - Claim decreed and affirmed in appeal - Court further observed `Respondent is however not entitled to any arrears of pay as admittedly he has been practicing as an Advocate' - Held, in the absence of specific plea or issue it cannot be said that the matter with regard to arrears of pay etc. was res..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability in connected suits - Suits decreed by common judgment partly decreeing plaintiff's suit as well as the other suit filed by defendant - Failure to file appeal against one suit precludes the court from proceeding with appeal filed against another suit...........
Civil Procedure Code, 1908, Section 11, 96 -- Suit of plaintiff decreed in its entirety but findings on certain issues answered against him - Appeal by plaintiff is not maintainable against such adverse findings - Such findings do not operate as res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Second application - Based on fresh facts and circumstances - Various events intervening between the disposal of earlier application and the filing of second application - Held, the second application is maintainable and not barred by the principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - Property and parties same in both proceedings - Principles of res judicata apply - Subsequent petition cannot be accepted merely because petitioner for the first time raises plea of applicability of provisions of particular statute...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - Exparte decree - Ex - parte decree is as good and effective and binding on parties as the decree passed after contest though it may be exparte against some of the respondents, it shall be res judicata for the subsequent proceedings...........
Civil Procedure Code, 1908, Section 11, Limitation Act, 1963, Section 5 -- Res judicata - Illegal order pertaining to jurisdiction does not operate as res judicata - Delay in filing appeal against such illegal order condoned...........
Civil Procedure Code, 1908, Section 10 -- Scope - Test is to see that the issue raised in the later suit if is the same and between the same parties and whether final decision in the earlier suit would operate as res judicata in the subsequent suit, the provision of S.10 would be attracted...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Compromise in writing and signed by counsel but not signed by the parties in person - Is valid and binding on the parties and is executable & operates as res judicata even if it extends beyond subject matter of suit - Expression 'in writing and signed by the parties'..........
