Search Results for "Constructive Res Judicata"

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Madras High Court Dismisses Revision Against Execution of Ex-Parte Decree in Money Suit — Procedural Compliance Under Order 21 Rule 11[A] CPC Upheld. Execution Petition Filed with Proper Affidavit of Assets and Within Limitation, No Ground to Dismiss EP.

The case involves a Civil Revision Petition filed by A.S. Jahangir (petitioner) challenging the order dated 30.01.2026 in EA No.3/2025 in EP No.688/20...

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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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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

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Bombay High Court Dismisses Writ Petition Seeking Reinstatement After Caste Claim Invalidation — Termination Upheld as Per Appointment Condition. Services Terminated on 31-07-2003 After Caste Validity Certificate Was Not Produced Within Probation Period, and Subsequent Challenge to Invalidation Failed.

The petitioners, Raju Shankarrao Dhakate and Randeep Madhukar Dhakate, were appointed by the Bhandara Urban Cooperative Bank Ltd. on 30-03-2000 on pro...

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Bombay High Court Allows Writ Petition for Reinstatement of Employee Whose Caste Claim Was Invalidated. Directs Consideration of Protection Under Office Memorandum Dated 10.8.2010 and Kavita Solunke Case for Continuity of Service.

The petitioner, Deepak s/o Yadavrao Gotefode, was appointed as a Lower Division Clerk on 6.6.1995 by the Commissioner of Customs (General), Mumbai, ag...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Flat Under NDPS Act Due to Res Judicata and Delay. Earlier Dismissal of Writ Petitions and SLP Bar Re-agitation of Same Issues Under Article 226.

The petitioners, Smt. Gulbanu Hassanali Rupani (aged 85) and Smt. Hasina S. Hemani, filed a criminal writ petition under Article 226 of the Constituti...

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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...