Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - At the appellate stage - Issue as to res judicata was not struck between parties and both the parties argued the matter based upon pleadings and judgment contained in two suits - It is only after full arguments on both sides that trial Court accepted respondent's plea of res judicata - Even before appellate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order to wait outcome of appeal in first..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Concession agreement - Dispute regarding default in releasing payment to petitioner company by respondent company - Arbitration clause exists in agreement - Former Judge of Supreme Court appointed as sole arbitrator to adjudicate disputes between parties...........
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23 -- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
West Bengal Land Reforms and Tenancy Tribunal Act, 1997, Section 9, 11 -- West Bengal Land Reforms Act, 1955 - Preamble - Tenancy and Land Laws - Objective of Act of 1955 - Vesting of appellant`s land in State Government - Government then by executing deeds transferred said land to 2 tenants - Writ petition and transferred proceedings before Land Tribunal challenging such..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - Two separate applications - Court can consider both the applications together or independent of each other - If Court considers application U.O.7.R.11 first then Court to consider plaint as a whole - In case Court considers..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 16 -- Rejection of plaint and striking out pleadings - Two separate applications - Court considered application U.O.6.R.16 CPC first and struck out certain pleadings - Court then deciding application U.O.7.R.11 CPC and rejecting plaint - No finding that rest of the pleadings which still..........
