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...
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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 Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

26 Jul 2024

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

Supreme Court

Supreme Court Reverses Appellate Decisions and Upholds Trial Court Decree in Property Dispute Involving Registered Sale Deed. The Court held that the registered sale deed is valid as fraud was not proven, oral evidence cannot contradict its terms under Section 91 of the Evidence Act, 1872, and amendments to pleadings after long delay were improper, with the second suit barred by res judicata under Section 11 of the Code of Civil Procedure, 1908.

30 Sep 2021

The dispute arose between brothers over property ownership following a registered sale deed dated 14.9.1970. The plaintiff (elder brother) filed a sui...

Supreme Court

Supreme Court Allows Appeal Against Foreigners Tribunal Declaration in Assam Nationality Case — Emphasizes Right to Hearing and Burden of Proof Under Section 9 of Foreigners Act, 1946. The Court set aside the ex-parte order of the Tribunal and remanded the matter for fresh consideration, holding that the appellant was not given a fair opportunity to be heard.

11 Jul 2024

The Supreme Court considered an appeal against the Gauhati High Court's dismissal of a writ petition challenging the Foreigners Tribunal's declaration...

High Court

High Court Quashes Orders of Money Lending Authorities Declaring Sale-Deed Illegal in Favor of Petitioner. Civil Court's prior determination that sale-deed constituted absolute sale transaction binds authorities under Maharashtra Money Lending (Regulation) Act, 2014, preventing contrary findings on nature of transaction.

6 Mar 2026

The dispute originated from proceedings under Section 18 of the Maharashtra Money Lending (Regulation) Act, 2014, where respondent No.5 alleged that t...

High Court

High Court of Karnataka Allows Writ Appeal in Municipal Tax Revision Case — Notice Set Aside for Non-Compliance with Section 147 of Karnataka Municipalities Act, 1964. The court held that the Commissioner's notice revising property tax was invalid as it failed to provide a mandatory opportunity of hearing to the petitioner before revision.

12 Feb 2020

The appellant, Smt. R. Sharada, filed a writ appeal against the order of a learned Single Judge dismissing her writ petition challenging a notice date...

Supreme Court

Supreme Court Allows Appeal in Arbitration Execution Matter — Post-Award Interest Calculation Must Follow Hyder Consulting Principle. Court holds that post-award interest under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 is payable on the entire sum awarded including pre-award interest, overruling S.L. Arora.

13 Dec 2024

The dispute arose from a contract awarded by the North Delhi Municipal Corporation (appellant) to M/s. S.A. Builders Ltd. (respondent) in 1983 for con...

High Court

Bombay High Court Dismisses LPA Against Single Judge's Order Setting Aside Administrative Tribunal's Rejection of Section 8A Application Under Goa Mundkars Act. Finding that Prior Summary Inquiry Under Section 29 Does Not Bar a Fresh Declaration Under Section 8A, Division Bench Directs Mamlatdar to Decide Mundkarial Rights on Merits.

25 Sep 2018

The case arose from a dispute over mundkarial rights under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The respondents claim...

High Court

Bombay High Court Allows Appeal Against Removal of Trustee in Charity Dispute — Conviction by Foreign Court Not Automatically 'Moral Turpitude' Under Maharashtra Public Trusts Act, 1950. Court holds that conviction by a foreign court does not ipso facto constitute an offence involving moral turpitude under Section 41D of the Act without proof of the nature of the offence.

5 Nov 2014

The case involves two appeals filed by Prabodh K. Mehta against an order of the City Civil Court dated 20 July 2013. The City Civil Court had dismisse...

Supreme Court

Supreme Court Dismisses Civil Appeals in Public Employment Dispute Over Director-General Appointment. The Court upheld the High Court's compensation order, ruling that the writ petitioner's challenge was barred by delay and laches as he acquiesced to appointment terms and failed to raise objections promptly under CPRI Rules and equitable principles.

7 Oct 2021

The dispute arose from the appointment of the respondent as Director-General of the Central Power Research Institute (CPRI), an autonomous body under ...

Supreme Court

Supreme Court Allows Appeals Against Condonation of 586-Day Delay and Grant of Leave to Appeal to Pendente Lite Purchasers in Specific Performance Suit. The Court held that subsequent purchasers who purchased property during pendency of suit and in violation of injunction cannot claim bona fide status and have no right to appeal after their impleadment application was rejected and became final.

1 Jan 2025

The case involves appeals by the original plaintiffs (H. Anjanappa & Ors.) against an order of the Karnataka High Court condoning a delay of 586 days ...

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