Search Results for "Constructive Res Judicata"

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Search Results for "Constructive Res Judicata"

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High Court

Bombay High Court Allows Writ Petition of Oil Corporation in Octroi Abolition Case. Octroi Demands and Seizure of Depots Quashed as Municipal Council Lacked Authority After 1999 Amendment to Maharashtra Municipal Councils Act, 1965.

18 Jun 2026

The petitioner, M/s. Bharat Petroleum Corporation Ltd. (BPCL), filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over GPA-Based Sales — Failure to Prove Succession and Lack of Evidence of Collusion Upheld. The Court held that the appellant failed to establish his status as successor-in-interest of the original plaintiff and that the GPA cancellation did not invalidate prior sales to bona fide purchasers.

1 Jan 2026

This civil appeal arose from a long-standing property dispute originating in the 1960s. The appellant, Makardhwaj Ram, claimed to be the son and succe...

Supreme Court

Supreme Court Upholds High Court's Quashing of Land Allotment Policy for Cooperative Societies in Andhra Pradesh — Violation of Article 14 and Lack of Transparency. Preferential allotment of government land at basic rates to MPs, MLAs, Judges, AIS officers, and journalists held arbitrary and unconstitutional.

13 Dec 2024

The case involves cross appeals against a Division Bench judgment of the Andhra Pradesh High Court dated 05.01.2010, which partly allowed writ petitio...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Case — Order II Rule 2 CPC Bar Applicable for Successive Alienations. Two separate sale deeds by same vendor to same vendee on different dates constitute distinct causes of action, but suit for second alienation is barred if not included in earlier suit when cause of action was same.

10 May 2019

The Supreme Court considered an appeal against the High Court's judgment that set aside the concurrent findings of the trial court and first appellate...

Supreme Court

Supreme Court Allows Appeal in Land Improvement Compensation Case — Constructive Res Judicata Not Applicable Due to Liberty Reserved by Earlier Order. The Court held that the claim for compensation under the Kerala Compensation for Tenants Improvements Act, 1958 is not barred by constructive res judicata because the Supreme Court had expressly kept open the remedy in the earlier proceedings.

5 Feb 2019

The dispute concerns a large tract of land originally belonging to Vengunadu Kovilakam, leased out in 1897 for 75 years. After the lease expired in 19...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

18 Nov 2016

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

High Court

Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

1 Aug 2014

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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