res judicata Archives

HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata

Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly

Case Briefs High Courts

If an advertisement regarding scholarship was published in Urdu language, can it be presumed that it was targeted at students belonging to a particular community only? Del HC addresses

Delhi High Court: The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., expressed that just because the scholarship advertisement was published

Case Briefs Supreme Court

Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter

“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”

Case Briefs Supreme Court

‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings

“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

Case Briefs Supreme Court

Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?

Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ

Case Briefs High Courts

All HC | Whether res judicata will apply where issue of negligence already decided by competent Tribunal in claim arising out of same accident? Court examines

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing the matter observed that: “…where there are multiple claims, MACT should place all

Case Briefs High Courts

[Maintenance to Muslim wife] All HC | “S. 125 CrPC perhaps one of the most secular enactment ever made in this country”: HC while upholding maintenance awarded to divorced Muslim wife

Allahabad High Court: Pradeep Kumar Srivastava, J., while addressing the present matter, observed that: … right of maintenance available to wife from

Case Briefs High Courts

All HC | Whether principle of res judicata in a subsequent claim would apply on an issue of fact which in the former proceedings was decided by a forum of competent jurisdiction between same parties; MACT award modified

Allahabad High Court: Attau Rahman Masoodi, J., allowed the appeal and modified the impugned order by applying the principle of res judicata.

Case Briefs High Courts

Jhar HC | Tribunal is supposed to answer any reference by considering evidence and pleading of parties, not simply by relying upon precedent

Jharkhand High Court: Rajesh Kumar, J., allowed the petition filed by the petitioner stating that the tribunal has failed to pass a

Case Briefs High Courts

Utt HC | Subsequent issuance of notice by Nagar Panchayat not barred by res judicata as earlier appeal was allowed on technical ground and not merits

Uttaranchal High Court: Sudhanshu Dhulia, J. dismissed the instant writ petition where the petitioner sought mandamus to command respondent not to demolish

Case Briefs High Courts

Bom HC | Findings in a suit dismissed for being premature are not binding either on parties or trial judge; law on res judicata explained

Bombay High Court: Sandeep K. Shinde, J. dismissed an appeal filed against the decree of prosecution passed in a civil suit. While dismissing

Case Briefs High Courts

Manipur HC | Mere dismissal of earlier suit which was not decided on merits would not attract ‘res judicata’

Manipur High Court: Kh. Nobin Singh, J. allowed civil revision petition questioning the validity and correctness of the order passed by the

Case Briefs High Courts

All HC | Order dismissing first writ petition operates as res judicata; second petition on same facts not allowed

Allahabad High Court: This writ petition was filed before a Divison Bench of Pankaj Kumar Jaiswal and Dr Yogendra Kumar Srivastava, JJ.,

Case Briefs High Courts

Tripura HC| Res Judicata applicable where suit subject is identical even if subsequent suit filed by different party

Tripura High Court: The Division Bench of Sanjay Karol, CJ and Arindam Lodh, J. dismissed an appeal filed against the judgment rendered by

Case Briefs Foreign Courts

SL CA | No appeal preferred against an action wrongly decided renders the matter with same cause of action as res judicata

Sri Lanka Court of Appeal: This appeal was filed before a 2-Judge Bench comprising of A.H.M.D. Nawaz and E.A.G.R. Amarasekara, JJ. Facts

Case Briefs Supreme Court

Principles for applicability “res judicata among co-defendants” re-iterated: SC

Supreme Court: A Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ., dismissed an appeal filed against the judgment of a Division

Case Briefs High Courts

Matters not raised on previous litigation not covered by res judicata; no illegality found in the order of Central Administrative Tribunal

Allahabad High Court: A writ petition was filed by Union of India and the Railway Administration before a Division Bench comprising of

Case Briefs High Courts

Findings on title in a suit for injunction operates as res judicata in subsequent suits where title is in issue

Delhi High Court: A Single Judge Bench comprising of Valmiki Mehta, J. dismissed a regular first appeal filed under Section 96 CrPC,

Case Briefs High Courts

Due diligence is required from a party seeking anticipated relief

Himachal Pradesh High Court: A petition filed under Article 227 of the Constitution against the order of the Additional District Judge whereby

Case Briefs High Courts

Second Writ Petition assailing same detention order is maintainable on grounds not available at the time of filing first petition

Karnataka High Court: While deciding the points of reference as laid before the Court in a set of writ petitions filed under