Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court
2 years, 5 months ago

Res Judicata Is Attracted Not Only In Separate Subsequent Proceedings But Also At Subsequent Stage Of The Same Proceedings : Supreme Court

Live Law  

The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings.A binding decision cannot be ignored even on the principle of per incuriam because that principle applies to the precedents and not to the doctrine of res judicata, the bench of Justices Dinesh Maheshwari and Aniruddha. The Supreme Court observed that the doctrine of res judicata is attracted not only in separate subsequent proceedings but also at subsequent stage of the same proceedings. Before the Apex Court bench, it was contended that the issue in question relating to the appearance of wife of the appellant as his GPA holder stood concluded in these proceedings by virtue of the previous orders of the High Court and such an issue could not have been re-opened at all, for operation of the doctrine of res judicata. Case details S Ramachandra Rao vs S Nagabhushana Rao | 2022 LiveLaw 861 | CA 7691 - 7694 OF 2022 | 19 October 2022 | Justices Dinesh Maheshwari and Aniruddha Bose Headnotes Code of Civil Procedure, 1908 ; Section 11 - Res Judicata - Doctrine of res judicata is attracted not only in separate subsequent proceedings but also at the subsequent stage of the same proceedings.

Court Res Judicata Proceedings Para Her Husband Decision Principle Res Gpa Doctrine Subsequent Section 32 Holder Judicata Justices Dinesh Maheshwari Subsequent Stage Separate Subsequent Proceedings That Principle  principle  holder  stage  attracted  supreme  subsequent  judicata  gpa  decision  separate  proceedings  res  court  doctrine

History of this topic

Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court
3 weeks, 2 days ago

Court Judgments Always Retrospective In Nature Unless Judgment Itself Specifies Its Prospective Operation: Supreme Court

Live Law  

The Supreme Court has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively. "Whereas a law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation, the reverse is true for the …

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court
2 months, 3 weeks ago

Principle Of Res Judicata Bars Second Amendment Application Seeking Identical Reliefs: Jharkhand High Court

Live Law  

The Jharkhand High Court in a recent judgement has reiterated that an order passed at one stage of a proceeding bars the reconsideration of the same issue at a later stage. Deorjin Debi reported in AIR 1960 SC 941. held that an order at one stage of proceeding acts as res judicata at all later stages of same proceeding.” As …

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC
3 months ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law  

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
3 months, 2 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials
3 months, 2 weeks ago

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials

Live Law  

The Supreme Court has initiated a suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar will hear the suo motu case on Monday.The case is titled "In Re : Adverse Effect of Stay Orders Granted By Appellate Courts On …

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court
3 months, 3 weeks 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 …

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

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

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 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 …

Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court
1 year, 6 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 …

Only Fundamental Determinations Hit By 'Res Judicata', Not Incidental Or Collateral Findings : Supreme Court
1 year, 7 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 …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 9 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court
2 years, 1 month 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 …

Principle Of Res Judicata Applies To Children Claiming Property Through Parent Earlier Involved In Property Suit: Bombay High Court
2 years, 5 months ago

Principle Of Res Judicata Applies To Children Claiming Property Through Parent Earlier Involved In Property Suit: Bombay High Court

Live Law  

The Bombay High Court recently upheld trial court's decision to dismiss a partition suit citing the principle of res judicata. They contended that in January 2009, the civil court in another suit filed by the plaintiff's mother had held that the properties are not ancestral properties. The trial court held that the properties were not ancestral properties and since the …

Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court
2 years, 6 months ago

Second Appeal Does Not Abate On Death Of One Respondent When Right To Sue Survives Against Surviving Respondent: Supreme Court

Live Law  

The Supreme Court observed that a second appeal does not abate on death of one of the respondents when the right to sue survives against the surviving respondent.Abatement occurs only when the cause of action does not survive upon or against the surviving party, the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed.The court was considering an appeal against …

Order XIV Rule 2 CPC - Res Judicata Plea Cannot Be Determined As Preliminary Issue When It Is A Mixed Question Of Fact & Law : Supreme Court
2 years, 10 months ago

Order XIV Rule 2 CPC - Res Judicata Plea Cannot Be Determined As Preliminary Issue When It Is A Mixed Question Of Fact & Law : Supreme Court

Live Law  

The Supreme Court observed that a plea of res judicata cannot be determined as preliminary issue when it is a mixed question of law and fact.Preliminary issues can be those where no evidence is required and on the basis of reading of the plaint or the applicable law, if the jurisdiction of the Court or the bar to the suit …

Accused Convicted For Separate Offence Arising Out Of Different Transaction In Separate Trials -Will the Sentences Run Concurrently? : SC To Decide
3 years, 4 months ago

Accused Convicted For Separate Offence Arising Out Of Different Transaction In Separate Trials -Will the Sentences Run Concurrently? : SC To Decide

Live Law  

A Bench of Justices M.R.Shah and B.V.Nagaratha will consider the question whether in case of an accused there are separate offences and not arising out of the same transaction, whether the sentences imposed in both cases will run consequently or concurrently. The question arises in a case- Mohd Zahid v State- in appeal from impugned judgement of the Delhi High …

Judgment Debtor Can't Raise Objections In Instalments; Res Judicata Applicable To Execution Proceedings : Supreme Court
3 years, 5 months ago

Judgment Debtor Can't Raise Objections In Instalments; Res Judicata Applicable To Execution Proceedings : Supreme Court

Live Law  

The Supreme Court has observed that the principle of res judicata will apply to execution proceedings as well. The Court added that a judgment debtor cannot raise objections to executions in installments.A bench comprising Justices Hemant Gupta and V Ramasburmanian made this observation while rejecting a new objection raised by a judgment-debtor against the auction-sale proceedings in the. A bench …

Applicability Of Res Judicata Between Co-Defendants: Supreme Court Explains
3 years, 6 months ago

Applicability Of Res Judicata Between Co-Defendants: Supreme Court Explains

Live Law  

The Supreme Court, in a judgment passed last week, examined the applicability of res judicata between co-defendants.The court observed that the requisite conditions to apply the principle of res judicata as between co-defendants are that : there must be conflict of interest between the defendants concerned; it must be necessary to decide this conflict in order to give the plaintiff. …

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 7 months ago

Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court observed that the Res Judicata cannot be a ground for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure. "Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the 'previous suit', such a plea will be beyond the scope of Order 7 …

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases
3 years, 11 months ago

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases

Live Law  

A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.The directions are as follows :The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the. A …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]
5 years ago

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]

Live Law  

With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such …

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]
5 years, 2 months ago

Availing Of Civil Remedy Is Not A Ground To Quash Criminal Proceedings, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that, even if a civil remedy is availed by a party, he is not precluded from setting in motion the proceedings in criminal law.The bench comprising of Justice Uday Umesh Lalit and Justice Vineet Saran said that, in certain cases the very same set of facts may give rise to remedies in civil as well …

Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]
6 years, 1 month ago

Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]

Live Law  

The Supreme Court has observed that liberty granted by court to avail 'appropriate remedies' to a party does not bar application of principle of constructive res judicata when he/she invokes such a remedy. The High Court, dismissing the writ petition challenging this order, held that claims advanced by the appellants for the value of the improvements alleged to have been …

SC Explains When Doctrine Of Res Judicata As Between Co-Defendants Can Be Applied [Read Judgment]
6 years, 5 months ago

SC Explains When Doctrine Of Res Judicata As Between Co-Defendants Can Be Applied [Read Judgment]

Live Law  

The Supreme Court has reiterated that the following four conditions are required to be satisfied while considering the applicability of the doctrine of res judicata as between co-defendants: There must be a conflict of interest between the defendants concerned; It must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims; The question between …

A Court Deciding ‘Section 34’ Petition Has No Jurisdiction To Remand The Matter To Arbitrator For Fresh Decision, Reiterates SC [Read Order]
6 years, 5 months ago

A Court Deciding ‘Section 34’ Petition Has No Jurisdiction To Remand The Matter To Arbitrator For Fresh Decision, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha set aside a Calcutta High Court order that remanded the matter to the arbitrator in …

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]
8 years, 1 month ago

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday ruled that an order for retrial may be passed only in exceptional cases, where the appellate court is satisfied that an omission or irregularity has occasioned in failure of justice.A two-judge bench comprising Justice Dipak Misra and Justice R. Banumathi was considering an appeal filed by accused persons against a Patna High Court judgment ordering …

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]
8 years, 1 month ago

Retrial Can Be Ordered Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday ruled that an order for retrial may be passed only in exceptional cases, where the appellate court is satisfied that an omission or irregularity has occasioned in failure of justice.A two-judge bench comprising Justice Dipak Misra and Justice R. Banumathi was considering an appeal filed by accused persons against a Patna High Court judgment ordering …

Order dismissing a suit on ground of Res Judicata does not cease to be a Decree on account of a procedural irregularity of non-framing an issue: SC [Read Judgment]
8 years, 10 months ago

Order dismissing a suit on ground of Res Judicata does not cease to be a Decree on account of a procedural irregularity of non-framing an issue: SC [Read Judgment]

Live Law  

The Supreme Court in RISHABH CHAND JAIN & ANOTHER VS. GINESH CHANDRA JAINhas held that an order dismissing the suit on the ground of Res Judicata does not cease to be a decree on account of a procedural irregularity of non-framing an issue. Referring to provisions of CPC, the Court observed that the impugned order has conclusively determined the rights …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 6 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

Breaking ; Under No Circumstances a Rape Case can be Compromised; Supreme Court [Read the Judgment]
9 years, 8 months ago

Breaking ; Under No Circumstances a Rape Case can be Compromised; Supreme Court [Read the Judgment]

Live Law  

The Supreme Court of India in a judgment pronounced today has held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. The Supreme Court accordingly ruled out mediation in such cases.The Judgment is very relevant because of the controversial Judgment of Madras High Court in which the …

Constitution Bench Matters to be listed before CJI from 8th July; Court to decide upon power of Remission of sentence related to Rajiv Gandhi Assassination case, Validity of extended term of...
10 years, 8 months ago

Constitution Bench Matters to be listed before CJI from 8th July; Court to decide upon power of Remission of sentence related to Rajiv Gandhi Assassination case, Validity of extended term of...

Live Law  

According to a recent Supreme Court notice, matters to be heard by a Constitutional Bench comprising of five judges will be listed before the Chief Justice from 8th of July. The matters, listed before the Constitutional Bench, are of utmost importance.The Bench will decide the case of Union Of India Vs V. Srlharan @ Murugan & Ors., regarding the remittance …

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