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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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High Court

Bombay High Court Dismisses Revision Against Refusal to Stay Suit on Ground of Res Judicata — Previous Suit Against Different Party Does Not Bar Subsequent Suit Against Different Defendants. Section 10 CPC Requires Same Parties for Stay; Inherent Powers Under Section 151 Cannot Be Used to Bypass Statutory Conditions.

5 Mar 2014

The present Civil Revision Application was filed by the applicants (defendants in Regular Civil Suit No.515 of 2007) against the order of the 8th Join...

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...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Eviction Petition Under Delhi Rent Control Act, 1958 Due to Res Judicata. The Second Eviction Petition Was Barred as the First Petition's Dismissal for Failure to Prove Landlord-Tenant Relationship Constituted a Decision on Merits Under Order 17 Rule 3 CPC, Attaining Finality Under Section 11 CPC.

29 Mar 2023

The appeal originated from an eviction petition under the Delhi Rent Control Act, 1958. The appellants, as landlords, filed a second eviction petition...

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Bar Under Order 2 Rule 2(3) CPC — Plaintiff Omitted to Sue for Relief in Previous Suit on Same Cause of Action Without Leave. The court held that the cause of action in both suits was identical, arising from the same term-sheet agreement, and the plaintiff's failure to seek specific performance in the earlier suit without leave barred the subsequent suit.

19 Aug 2014

The plaintiff, Govind B. Bajaj, filed Suit No. 186 of 2013 in the Bombay High Court seeking specific performance of a term-sheet agreement for joint d...

High Court

Bombay High Court Dismisses Petitioner's Challenge to MRT Order on Res Judicata in Tenancy Proceedings. Earlier Dismissal for Default Does Not Bar Subsequent Proceedings Under Section 32G of Bombay Tenancy and Agricultural Land Act, 1948.

15 Jan 2019

The petitioner, Ashish Chandrasingh Jhaveri, filed a writ petition before the Bombay High Court challenging the order dated 2nd November, 2018 passed ...

Supreme Court

Supreme Court Upholds Assessee's Choice of Previous Year for Newly Taxable Income under Income Tax Act, 1922. Income from Sources Outside Taxable Territories Not Previously Assessed to Tax Did Not Trigger Proviso to Section 2(11)(i)(a), Allowing Different Previous Year.

16 Dec 1969

The dispute arose under the Indian Income Tax Act, 1922 concerning the determination of the 'previous year' for the assessment year 1950-51. The asses...

Supreme Court

Supreme Court Reviews Its Own Judgment That Struck Down Ex Post Facto Environmental Clearance Notifications Under Environment (Protection) Act. Review Petition Seeks Recall Citing Overlooked Binding Precedents.

1 Jan 1970

Background: The present matter is a review petition arising from the Supreme Court's judgment in Vanashakti v. Union of India, dated 16 May 2025, whic...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Allows Accused to Use Pre-Committal Witness Testimonies for Contradiction in De Novo Trial Under Section 145 of Evidence Act. The court held that de novo trial does not wash out prior testimonies recorded by Magistrate, and they can be used to contradict witnesses under Section 145 of the Indian Evidence Act, 1872.

6 Oct 2017

The petitioner, Raju Haridas Khelkar, was prosecuted for offences under Sections 354 and 506 of the Indian Penal Code before the Magistrate. After the...

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