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Search Results for Tag : Res Judicata

News

Liberty Granted by Court to Pursue Appropriate Remedy Doesn't Bar Constructive Res Judicata: SC(08.02.2019)

Supreme Court has observed that liberty granted by court to avail 'appropriate remedies' to a party does not bar application of principle of construct.....

Tags : Supreme Court, Constructive Res Judicata



ITAT: Decision Taken by Authorities in Previous Year Would Not Operate as Res Judicata(04.08.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that decision taken by authorities in previous year would not operate as res judicata f.....

Tags : ITAT, Res Judicata, Previous Decision



Res Judicata Principle also Applicable to Labour/Industrial Proceedings: SC(12.04.2019)

Supreme Court has said that principle of Res Judicata defined in Section 11 of the Code of Civil Procedure also applies to labour/industrial proceedin.....

Tags : Supreme Court, Res Judicata



SC: Application to Sue as Indigent Can Be Rejected if Suit is Barred by Res Judicata(05.12.2022)

Supreme Court has held that an application to sue as indigent under Order XXXIII Rule 1 of Code of Civil Procedure can be rejected if it is found that.....

Tags : Supreme Court, Res Judicata, Indigent



Calcutta High Court: Issues Decided by Consumer Forums Attract Principles of Res Judicata(06.04.2017)

Calcutta High Court has observed that state/national consumer redressal forums have the trappings of courts and are adjudicatory bodies, and so issues.....

Tags : Calcutta High Court, of Res Judicata



Uttarakhand HC: Proceedings for Judicial Separation Not Barred by Res Judicata(26.06.2017)

Uttarakhand High Court has ruled that proceedings for judicial separation u/s 13-A of HMA, 1955 will not be barred by principle of red judicata, due t.....

Tags : Uttarakhand HC, Res Judicata



Gau. HC: Res Judicata Not Attracted if Previous Order of Foreigners Tribunal is Unreasoned(06.03.2023)

Gauhati High Court has held that principle of res judicata will not apply to subsequent proceeding before Foreigners Tribunal to determine whether a p.....

Tags : Gauhati High Court, Foreigners Tribunal, Res Judicata



SC: Previous Suit Must Have Been Decided on Merit for Application of Res Judicata(05.04.2023)

Supreme Court while summarizing the principle of Res Judicata has observed that for Res Judicata to apply matter directly & substantially in issue in .....

Tags : Supreme Court, Res Judicata, Merit



HP HC: Res Judicata Applies Only Where Whole Subject Matter in Both Suits is Identical(29.06.2023)

Himachal Pradesh High Court while observing that words "directly and substantially in issue" in Section 10 CPC should be interpreted in contrast to ma.....

Tags : Himachal Pradesh High Court, Res Judicata, CPC



SC: WP Not Maintainable if Suit for Same Relief was Withdrawn Without Liberty to File Afresh(14.07.2023)

Supreme Court has held that a writ petition (WP) that is filed after suit seeking same relief was withdrawn without liberty to filed afresh, is not ma.....

Tags : Supreme Court, Writ Petition, Res Judicata, Maintainable



SC: Res Judicata Applicable Only on Fundamental Determinations and not Incidental Findings(03.08.2023)

Supreme Court has held that only determinations which are fundamental would result in the application of the doctrine of res judicata, and no incident.....

Tags : Supreme Court, Res Judicata, Fundamental Determinations



Kar. HC: Decision of SC Would Not Upset the Earlier Judgments of Competent Court(26.07.2023)

Karnataka High Court has observed that the law laid down by the Apex Court is not binding on judgments passed prior to it by the competent courts and .....

Tags : Karnataka High Court, Apex Court, Judgment, Res Judicata



SC: No Party Ought to be Vexed Twice in a Litigation for One and the Same Cause(22.09.2023)

Supreme Court has observed that the doctrine of Res Judicata is based on public policy flowing from the age-old legal principle that in the interest o.....

Tags : Supreme Court, Res Judicata, Litigation



Judgments

Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata



DRT is also a civil court and its order would operate as res judicata(11.07.2022)

Present civil revision under Section 115 of the Code of Civil Procedure, 1908 ("CPC") has been filed by the applicants challenging the order passed by.....

Tags : Principles, Res judicata, DRT



SC: Plea of Res Judicata Can Be Determined as Preliminary Issue(24.09.2021)

Supreme Court observed that plea of res judicata can be determined as a preliminary issue only when it only involves adjudication of question of law. .....

Tags : Supreme Court, Plea of Res Judicata



Erroneous Decision That Didn’t Give Effect to Statutory Prohibition is Not Res Judicata: SC(27.04.2018)

Supreme Court has observed that an issue of law which arises between the same parties in a subsequent suit or proceeding is not res judicata if, by an.....

Tags : Supreme Court, Res Judicata



Madras HC: Adjudication is Conclusive to Incidental/Connected Subject Matter of Litigation(31.03.2022)

Madras High Court has held that the principle of res judicata prevents the parties to a judicial determination from litigating the same question again.....

Tags : Madras High Court, principle of res judicata, judicial determination



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