Search Results for "res judicata not made out"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "res judicata not made out"

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High Court

Bombay High Court Allows Writ Petition of Asset Reconstruction Company in SARFAESI Act Matter — DRAT Order Setting Aside Condonation of Delay Quashed. The Court held that the guarantor's delay in filing claim affidavit was not inordinate and the DRT's discretion to condone delay should not have been interfered with, ensuring adjudication on merits.

29 Oct 2020

The petitioner, International Asset Reconstruction Co Pvt Ltd, an asset reconstruction company acting as trustee of IARC-BOB-01/07 Trust, filed a writ...

High Court

High Court of Karnataka Hears Writ Appeals Filed Against Single Judge Order in Land Acquisition Matters Involving KIADB. Appeals Challenge Order Dated 04.07.2025 in Various Writ Petitions Filed by Landowners and Developers.

29 Jul 2026

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Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Karnataka High Court Examines Maintainability of Writ Petition for Appointment from Reserve List after Supreme Court's Dismissal in Limine; Res Judicata Principle Found Inapplicable as Earlier Dismissal Did Not Adjudicate Rights.

16 Apr 2021

The High Court of Karnataka was seized of a writ petition filed under Articles 226 and 227 of the Constitution by twelve candidates who had been place...

High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

8 Jan 2016

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

High Court

Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

15 Dec 2025

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

23 Feb 2024

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

High Court

High Court Hears Petitions Under Section 34 of Arbitration Act Against Awards Passed Under Multi-State Cooperative Societies Act in Loan Recovery Matter. Bank's Claim for Defaulted Loan Allowed by Arbitrator After Cooperative Court Returned Plaint for Want of Jurisdiction Following Conversion to Multi-State Bank.

2 Apr 2013

The judgment (or portion thereof) involves four arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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