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

High Court of Bombay Dismisses Petition Challenging Co-operative Appellate Court's Award in Sugarcane Supply Dispute — Upholds Recovery of Rs. 51,38,967.17 with Interest for Sugarcane Price, Transportation, and Cutting Charges. The court held that the Limitation Act does not apply to co-operative disputes and that the earlier proceedings did not operate as res judicata.

2 Feb 2023

The petitioner, Shri Vignahar Sahakari Sakhar Karkhana Ltd., and the respondent, Bhima Sahakari Sakhar Karkhana Ltd., are both registered co-operative...

High Court

Bombay High Court Quashes Show Cause Notice in CENVAT Credit Case Due to Violation of Natural Justice. Non-supply of documents and denial of cross-examination vitiated the notice under Article 226 of the Constitution.

8 Apr 2021

The petitioner, Supermax Personal Care Pvt. Ltd., a company engaged in manufacturing excisable goods such as safety razors, blades, and shaving system...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

Supreme Court

Land Acquisition - Rejection of Release Request - Discrimination Claim - Compensation Under 2013 Act. Supreme Court held that the appellant’s land acquisition was valid, rejecting claims of discrimination but granted enhanced compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, invoking Article 142.

1 Apr 2025

Constitution of India, 1950 (COI) – Article 142 – Supreme Court exercised its discretionary power to grant compensation under the 2013 Act...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

30 Nov -0001

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....

High Court

High Court of Karnataka Upholds Landlord's Liability for Worker's Death Under Employees' Compensation Act, 1923 — Attack by Strangers at Construction Site Constitutes 'Accident' Arising Out of Employment. The court held that the death of a construction worker due to an attack by unknown strangers at the construction site is an accident arising out of and in the course of employment under Section 3 of the Employees' Compensation Act, 1923, making the landlord liable for compensation.

26 Jul 2019

The case involves a writ petition filed by Somu, the landlord of a construction site, challenging an order dated 13.05.2015 passed by the IX Additiona...

High Court

Bombay High Court at Goa Allows Civil Revision Application in Property Dispute — Concurrent Findings of Courts Below Set Aside Due to Perversity and Non-Application of Mind. The Court held that the lower appellate court failed to properly re-appreciate evidence and misapplied the principle of res judicata, warranting interference under Section 115 CPC.

14 Dec 2022

The applicant, Smt. Rosy Noronha, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment ...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Civil Revision Application in Eviction Proceeding under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954. Landlord's contention of alternate accommodation by tenant and willful default were key issues.

31 Jul 2013

The dispute centered on a shop admeasuring 15' x 20' ft. out of House No.1270/6 at Gunj Golai, Latur, owned by the late Vishwambhar Kulkarni. After hi...

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