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

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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 by the Respondent in the High Court of Delhi, seeking partition of properties, including those in Dalhousie district of Chamba. "This court finds that suit property detailed in latter suit filed at Dalhousie is same as given in former suit by her in Delhi High court but in latter suit, reliefs as have been sought by plaintiff in former suit at Delhi have not been pressed rather, fresh prayer for declaring Will dated 25.7.1985 allegedly executed by Pindi Dass null and void has been also made", the bench noted. Observing that the Respondent in the latter suit had specifically prayed for the nullification of a different will and subsequent lease, which were not raised in the former suit, the court said Section 10 CPC would apply only when there is an identity of the entire subject matter in both suits, with the matters in issue being directly and substantially the same.

Delhi Court Civil High Issue Suit Cpc Filed Himachal Pradesh Matter Res Petitioner Section 10 Section 10 Cpc 10 Cpc Dalhousie Subsequent Lease Latter Suit Former Suit  subject  issue  himachal  pradesh  matter  cpc  judicata  suits  court  identical  suit  respondent  res  high  dalhousie  civil  filed  delhi  substantially

History of this topic

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
18 hours, 36 minutes ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

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The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 days, 12 hours ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

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The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi
1 week ago

Congress MLA Chanda Singh Gaur Moves Supreme Court Against HC's Refusal To Dismiss Election Petition Filed By BJP MP Rahul Singh Lodhi

Live Law  

Congress MLA Chanda Singh Gaur has approached the Supreme Court challenging Madhya Pradesh High Court's rejection of her plea under Order 7 Rule 11 CPC to dismiss an election petition filed by BJP MP Rahul Singh Lodhi.A bench of Justices Surya Kant and Ujjal Bhuyan, before whom the case was listed today, has posted it to January, 2025. Congress MLA …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
2 weeks, 5 days ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

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

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

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court
9 months, 3 weeks ago

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court

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The Kerala High Court has made it clear that when two suits between the same parties on the same issue are pending, it is only the subsequent suit which can be stayed in exercise of powers under Section 10 of the Civil Procedure Code. “Considering the fact that the suit filed by the respondent being the one filed earlier, it …

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, 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 Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 8 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court
1 year, 8 months ago

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court

Live Law  

The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's. Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a …

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

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court
1 year, 10 months ago

Provisions Of CPC To Be Followed In Trial Of Election Petitions U/S 122 Of MP Panchayat Rajya Adhiniyam: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench, recently set aside the order passed by a Sub Divisional Officer, wherein the proceedings under Section 122 of the M.P. The procedure as laid down under the provisions of the CPC for trying the suit is to be followed in cases where election petitions are tried under Section 122 of M.P. The …

Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme Court
1 year, 11 months ago

Grant Of Remission - Presiding Judge Should Give Adequate Reasons While Giving Opinion Under Section 432(2) CrPC : Supreme Court

Live Law  

The Supreme Court Bench comprising Justices Dinesh Maheshwari and Bela M. Trivedi held that while giving opinion regarding grant of remission under Section 432 Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.Facts of …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
2 years, 1 month ago

Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022

Live Law  

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11 of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should …

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

Appellate Court May Remand A Case Back Only Where Trial Court Skips Finding On Certain Issue Or Decides Suit Only On Preliminary Issue: Bombay HC
2 years, 2 months ago

Appellate Court May Remand A Case Back Only Where Trial Court Skips Finding On Certain Issue Or Decides Suit Only On Preliminary Issue: Bombay HC

Live Law  

The Bombay High Court has made it clear that an order of remanding case back can be passed by the Appellate Court only if the trial Court skips finding on certain issue or decides the suit only on preliminary issue by leaving open the vital issue in respect of the real controversy between the parties. The Respondents defended this decision …

Supreme Court Defers Hearing Of Plea Seeking Minority Status For Hindus In Some States At Centre's Request; To Be Heard On Oct 19th
2 years, 3 months ago

Supreme Court Defers Hearing Of Plea Seeking Minority Status For Hindus In Some States At Centre's Request; To Be Heard On Oct 19th

Live Law  

The Supreme Court, on Tuesday, deferred the hearing of the plea seeking minority status for Hindus in States where they are numerically less in number by six weeks, at the request of the Union Government. The Central Government had filed an affidavit on 29th August, 2022, stating that it has already held meetings with the State governments of Nagaland, Punjab, …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 7 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 7 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

PG Medical Admissions : Supreme Court Directs MP Govt To Allot In-Service Quota Seat To Doctor Who Served Tribal, Naxalite Areas
2 years, 8 months ago

PG Medical Admissions : Supreme Court Directs MP Govt To Allot In-Service Quota Seat To Doctor Who Served Tribal, Naxalite Areas

Live Law  

The Supreme Court on Monday granted relief to a lady doctor who served the tribal and Naxalite hit villages of the State of Madhya Pradesh for more than 11 years. The directions were issued while considering a Special Leave Petition filed by the candidate assailing Madhya Pradesh High Court's order dated March 16, 2022. On April 11, the Supreme Court …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
2 years, 10 months ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court
3 years, 1 month ago

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court

Live Law  

The Madhya Pradesh High Court on Friday ruled that for the purpose of the exercise of the power under Section 10 of the Code of Civil Procedure, an application is not required to be filed before the Court and the Court can, on its own, stay the second suit.The Bench of Justice Rajendra Kumar further observed that a court has …

Disproportionate Assets: Supreme Court Revives FIR Against Income Tax Commissioner & Her Husband Now A Minister Of AP Govt
3 years, 2 months ago

Disproportionate Assets: Supreme Court Revives FIR Against Income Tax Commissioner & Her Husband Now A Minister Of AP Govt

Live Law  

The Supreme Court has allowed allowed the appeal filed by Central Bureau of Investigation against a High Court judgment that quashed FIR registered by it in a disproportionate assets case against e Thommandru Hannah Vijayalakshmi, a Commissioner of Income Tax and her husband Adimulapu Suresh, who is presently a Minister in the Andhra Pradesh Government. The High Court had allowed …

Andhra Pradesh High Court Quashes Amaravati Land Scam FIR Against Former Advocate General & Others
3 years, 3 months ago

Andhra Pradesh High Court Quashes Amaravati Land Scam FIR Against Former Advocate General & Others

Live Law  

The Andhra Pradesh High Court has quashed the FIR registered by the Anti-Corruption Bureau against former Advocate General Damallapati Srinivas and others in alleged Amaravati land scam.The FIR was registered alleging that the Srinivas and other accused had purchased large tracts of land in and around Amaravati, before it was announced as the new capital of the State of Andhra …

Breaking: Supreme Court Dismisses Andhra Govt.'s Plea Against Quashing Of Criminal Cases Related To Alleged "Amaravati Land Scam"
3 years, 5 months ago

Breaking: Supreme Court Dismisses Andhra Govt.'s Plea Against Quashing Of Criminal Cases Related To Alleged "Amaravati Land Scam"

Live Law  

In a blow to Andhra Pradesh Chief Minister Jagan Mohan Reddy, the Supreme Court on Monday dismissed the state's SLPs against the quashing of criminal cases filed in connection with the alleged 'insider trading' in land transactions at Amaravati.The bench of Justices Vineet Saran and Dinesh Maheshwari was hearing the SLPs at the instance of the AP state government against …

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint
4 years, 2 months ago

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint

News 18  

The Supreme Court on Wednesday upheld the Madhya Pradesh High Court’s decision annul an advocate’s selection as a district judge for subjecting his wife to cruelty at her matrimonial home as per a complaint under Section 498A of the IPC. A bench of Justices Ashok Bhushan and M R Shah said, “The decision of the examination-cum-selection and appointment committee for …

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