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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "res judicata not made out"

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High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

14 Oct 2025

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

High Court

Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947 — Interest Act, 1978 and Article 226 of Constitution Invoked to Prevent Miscarriage of Justice.

4 Feb 2010

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition under Article 226 of the Constitution of India challenging the order of the Central...

High Court

High Court Decides Regular Second Appeal in Civil Procedure and Land Reforms — Framed Substantial Questions on Limitation and Tenancy Surrender. Whether permit to withdraw earlier suit with liberty validated fresh suit and whether earlier sale deed and surrender of tenancy were properly considered by lower courts.

10 Nov 2017

The Regular Second Appeal arose from a suit for declaration and permanent injunction filed by the plaintiffs claiming ownership of agricultural lands ...

High Court

Bombay High Court Allows Interest on Delayed Payment of Labour Court Award Under Section 33-C(2) of Industrial Disputes Act, 1947. Labour Court has power to award interest for period between date of award and actual payment to prevent miscarriage of justice.

4 Feb 2010

The petitioner, Mrs. Prabhavati Ramgarib B., filed a writ petition challenging the order of the Central Government Industrial Tribunal and Labour Cour...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

18 Mar 2014

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute — Res Judicata Not Applicable as Earlier Suit Was Only for Injunction, Not Title. Former Students' Suit in Representative Capacity for Declaration of Government Ownership Maintainable Despite Earlier Injunction Decree.

10 Mar 2025

The dispute pertains to a suit property bearing Sy.No.81 of Tumkur, originally belonging to Syed Md. Bokhari and Lankey. Due to non-payment of arrears...

High Court

Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

6 May 2014

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

Supreme Court

Supreme Court Allows Appeal in Civil Suit for Declaration Regarding Cheque Security — Revisional Court's Order Rejecting Plaint Restored. The court held that a suit seeking declaration that a cheque was handed over as security is barred under Section 41 of the Specific Relief Act, 1963 and lacks cause of action, warranting rejection of plaint under Order VII Rule 11 CPC.

21 Mar 2022

The Supreme Court allowed the appeal filed by defendant no.1, M/s Frost International Limited, against the order of the Orissa High Court which had se...

High Court

Bombay High Court Dismisses Application to Vacate Interim Injunction in Development Agreement Dispute. Plaintiff's Readiness and Willingness Not Shown to Be Lacking Due to Defendant's Own Conduct Under Order XXXIX Rule 4 CPC.

27 Mar 2024

The Bombay High Court dismissed an application filed by defendant No.1A (Vivek Madhavlal Pittie) seeking vacation of an interim injunction granted on ...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

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