Search Results for "res judicata"

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Gujarat High Court Dismisses Letters Patent Appeal in Service Matter — Res Judicata Applies to Claim for Salary for Period Prior to Joining. Claim for salary from 08.08.2005 to 01.07.2008 held barred by res judicata as the issue was not raised in earlier proceedings despite opportunity.

The appellant, Navnit Champaklal Vora, a retired Clerk from the Employment and Training Department, was declared surplus on 08.08.2005 and directed to...

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Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

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High Court of Karnataka Dismisses Appellant's Second Appeal in Partition Suit — No Substantial Question of Law. Concurrent findings of fact regarding joint family property and limitation upheld under Section 100 CPC.

The appellant, Smt. Neelavva, was the plaintiff in a suit for partition and separate possession of agricultural land and house properties. She claimed...

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Bombay High Court Dismisses Letters Patent Appeal Against Charity Commissioner's Enquiry Order in Trust Misappropriation Case. Res Judicata Not Applicable as Earlier Enquiry Was Not a Proper Enquiry on Merits.

The case involves a Letters Patent Appeal filed by Rustomjee Kerawalla Foundation against an order of the Learned Single Judge dated 31 July 2012. The...

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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

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Bombay High Court Dismisses Appeal Against Order of Temporary Injunction in Suit for Declaration of Ownership and Possession. Held That Plaintiffs Have Prima Facie Case and Balance of Convenience Favors Grant of Injunction Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order passed by the Civil Judge, Senior Division, Panaji, granting a temporary injunction in favour of the responden...