News Muncher - searching for judicata

3 weeks, 6 days ago

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Live Law

Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. Referring to the language of Section 25 the high court held that since it …

Justice Social High Court Res Judicata Act Permanent Section 25

1 month ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

High Court Arbitration Court Res Judicata Respondent Act Rera

1 month ago

Res Judicata Not Applicable To Domestic Violence Proceedings Where Circumstances Justify Filing Second Petition: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has clarified that the principles of res judicata or analogous provisions of the Civil Procedure Code cannot restrict proceedings under the Domestic Violence Act if the aggrieved person provides valid reasons for filing a second petition after withdrawing the earlier one. Dismissing a petition challenging the lower court orders Justice Sanjay Dhar …

Court Domestic Violence Res Judicata Respondent Act Withdrawal Petition

1 month, 2 weeks ago

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

Live Law

Punjab and Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed multiple writ petitions challenging the Labor Court's award, affirming that payment of differential wages under the Minimum Wages Act does not create a fresh cause of action to override the principle of res judicata in labor disputes. In the initial reference dated March 21, 2000, the …

Labor Court Res Judicata Workers Payment Wages Reference

3 months, 4 weeks ago

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Live Law

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court has clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings. Assailing the dismissal of his amendment application the petitioner argued that the trial court failed to appreciate the distinction between amendments …

Court Statement Amendment Cpc Written Petitioner Written Statement

5 months, 2 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

India Delhi Supreme Court High Court Judgment Procedure Court

7 months, 1 week ago

HC: Tahsildar Can’t Resume Land

Deccan Chronicle

Hyderabad: Justice J Sreenivasa Rao of the Telangana High Court ruled that a tahsildar does not have the power to review and pass an order for the resumption of land. The judge allowed the writ plea filed by one Janakamma challenging an order of the revenue divisional officer who confirmed the order of a tahsildar for eviction and resumption of …

Order Tahsildar Rdo Resume Land Passed Resumption

7 months, 3 weeks ago

‘Res Judicata’: Why EVM scepticism should rest in peace now

Firstpost

Justice Dipankar Datta invoked the principle of res judicata to warn the EVM-doubters from re-litigating, without new and substantial evidence, an issue that has been conclusively settled On 26 April, a two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, disposed of a civil suit filed by Association for Democratic Reforms against the Election Commission, by …

India London Political Court Political Parties Election Parties

8 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Family Court Kerala High Court Custody Application Res Judicata Child

9 months, 2 weeks ago

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

Live Law

The Delhi High Court bench comprising Justice Manoj Kumar Ohri held that the Section 9 application under Arbitration and Conciliation Act, 1996 cannot act as res judicata for Section 17 application when the withdrawal of Section 9 application is conditional between the parties. Feeling aggrieved, DTC approached the Delhi High Court and filed Section 37 application challenging this order, asserting …

Delhi High Court Parties Delhi High Court Application Res Judicata High

10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Law Supreme Court Court Application Res Judicata Order Limitation

11 months, 3 weeks ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

India Supreme Court High Court Procedure Court Civil States

11 months, 3 weeks ago

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

Live Law

v. Eldho P. Mathew & Ors. Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court Case Title: Hameedali K.P. Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court Case Title: Siji V State of Kerala Citation: 2023 LiveLaw 77 The Kerala High …

Society Kerala High Court Medical Negligence University Registrar Syria

1 year, 3 months ago

No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'

Live Law

Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. Viswanathan, made these observations while hearing a claim of one Samir Kumar Majumder, who was denied absorption as an Assistant Teacher in the Higher Secondary Section by the Calcutta High Court. Court’s …

Supreme Court Court Res Judicata Tribunal Higher Teacher This Court

1 year, 3 months ago

Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court

Live Law

The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure. The Court made several significant observations: Res Judicata Cannot Be Decided on Order VII Rule 11 Application : The Court noted that “apart from the …

Supreme Court Court Documents Res Judicata Order Suit Cpc

1 year, 4 months ago

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Live Law

Section 10 - Stay of Suit Code of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned …

Supreme Court High Court Court Civil States Civil Procedure Courts

1 year, 4 months ago

Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court

Live Law

The Supreme Court has held that only fundamental determinations of the Court are hit by res judicata in subsequent proceedings. If the Court makes any incidental, supplemental or non-essential observations, which are not fundamental but ‘collateral’ to the final determination, then those ‘collateral determinations’ would not be hit by res judicata. SUPREME COURT VERDICT While interpreting the principle of res …

Supreme Court Court Res Judicata Bench Decision Res Collateral

1 year, 5 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

Delhi Court Civil High Issue Suit Cpc

1 year, 6 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

Court Maintenance Application Res Judicata Order Second Her Husband

1 year, 7 months ago

Supreme Court Monthly Digest April 2023

Live Law

SUBJECT WISE INDEX Administrative Law Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. National Insurance Co. Ltd. v. Harsolia …

India Rajasthan Karnataka Delhi Supreme Court High Court Bihar

1 year, 8 months ago

Probe Can't Be Transferred To CBI Merely Because Litigant Feels She Is Being Unfairly Prejudiced: Delhi High Court In Sexual Harassment Case

Live Law

The Delhi High Court has observed that an order for transfer of investigation is a serious affair, and that investigation cannot be transferred to the Central Bureau of Investigation merely because the litigant feels she is being unfairly prejudiced. While dismissing the plea seeking transfer of further investigation in a sexual harassment case from the State Police to the CBI, …

Investigation Court Transfer Writ Order Ipc Sharma

1 year, 8 months ago

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

Live Law

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The bench comprising of Justice S. Ravindra Bhat and Justice Dipankar Datta said that, “When the NGT was made aware of this fact, it chose to ignore it.” The …

Society Housing Supreme Court Appeal Construction Court Water

1 year, 10 months ago

Appellate Court Can Appoint Another Court Commissioner If One Appointed By Trial Court Did Not Follow Proper Procedure: Bombay High Court

Live Law

Observing that a plaintiff cannot be made to suffer if a Court Commissioner did not follow the procedure while making a report, the Bombay High Court has held that the Appellate Court can appoint another Court Commissioner if the one appointed by the Trial Court failed to present a correct picture of the suit land and same will not attract …

Trial Trial Court Land Application Res Judicata Order Rule

1 year, 10 months ago

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court

Live Law

The Kerala High Court recently held that principles of res judicata and constructive res judicata would squarely apply not just to civil proceedings but to criminal proceedings as well.Justice A. Badharudeen was hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint pending before Magistrate Court, where she was alleged to have …

Kerala Court Criminal Res Judicata Criminal Proceedings Mental Proceedings

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Search results for judicata

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Res Judicata Not Applicable To Domestic Violence Proceedings Where Circumstances Justify Filing Second Petition: J&K High Court

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

HC: Tahsildar Can’t Resume Land

‘Res Judicata’: Why EVM scepticism should rest in peace now

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Section 9 Not Res Judicata For Section 17 Application When Withdrawal Is Conditional: Delhi High Court Dismisses Section 37(2)(B) Application

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'

Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Supreme Court Monthly Digest April 2023

Probe Can't Be Transferred To CBI Merely Because Litigant Feels She Is Being Unfairly Prejudiced: Delhi High Court In Sexual Harassment Case

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

Appellate Court Can Appoint Another Court Commissioner If One Appointed By Trial Court Did Not Follow Proper Procedure: Bombay High Court

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court