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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 …

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 …

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

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

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 …

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

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 …

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; 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 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Royal Enfield Super Meteor 650: New cruiser to rule roads

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Order 14 Rule 2 CPC | Where Suit Involving Mixed Question Of Law & Fact Can Be Disposed On Issue Of Law Alone, Same Must Be Decided First: Manipur HC

The Manipur High Court has recently held that Order 14 Rule 2 CPC is a general rule which provides that the Court shall pronounce judgment on all issues, notwithstanding the fact that the case may be disposed of on a preliminary issue. "In effect, Order 14 Rule 2 CPC carves out an exception to Order 14 Rule 2 CPC, by …

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

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

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 …