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The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

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 …

India Odisha Delhi Supreme Court High Court Bihar Constitution
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 Court Documents Res Judicata Order Suit Cpc
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

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
Supreme Court Monthly Digest April 2023
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
Power Of Attorney Holder Can Continue To Represent Party Even If She Gets Enrolled As Advocate Meanwhile, Sec 32 Advocates Act No Bar : Supreme Court
2 years, 2 months ago

Power Of Attorney Holder Can Continue To Represent Party Even If She Gets Enrolled As Advocate Meanwhile, Sec 32 Advocates Act No Bar : Supreme Court

Live Law  

A Supreme court bench comprising Justice Dinesh Maheshwari and Justice Aniruddha Bose observed that Section 32 Of the Advocates Act, 1961does not create a bar for a General Power of Attorney holder to appear on behalf of a plaintiff, simply because the GPA was enrolled as an advocate. The enabling provision of Section 32 of the Act of 1961, whereby …

Supreme Court Party Power Res Judicata Proceedings Sec Act
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 …

High Court Properties Trial Res Judicata Mother Suit His Mother
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
2 years, 7 months ago

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

Live Law  

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 …

Law Court Land Res Judicata Order Issue Suit
IBC & Admiralty Act Interplay - Insolvency Proceedings Against Shipping Company Won't Bar Suit Against Vessel : Bombay High Court
2 years, 11 months ago

IBC & Admiralty Act Interplay - Insolvency Proceedings Against Shipping Company Won't Bar Suit Against Vessel : Bombay High Court

Live Law  

In a significant judgment, the Bombay High Court has held that a Shipping Company slipping into liquidation under the Insolvency and Bankruptcy Code will not impact an ongoing Admiralty Suit against its Vessel as the two are separate entities. The Court further explained that actions against vessels under the Admiralty Act would be actions in rem and decrees could be …

Corporate Court Bombay High Court Res Judicata Charges Suit Para
Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
2 years, 11 months ago

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

Live Law  

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board before execution of the sale deed dated would invalidate and vitiate the said document. "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere …

Court Sale State Government Res Judicata State Father Petition
Applicability Of Res Judicata Between Co-Defendants: Supreme Court Explains
3 years, 3 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. …

India Supreme Court Property Court Land Res Judicata Union
Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 4 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 …

Supreme Court Court Res Judicata Order Suit Cpc Ground