Search Results for "res judicata not made out"

927 result(s) found

Scroll Down To Discover

Found 927 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petitioner's Challenge to MIDC Allotment of Industrial Plot to Partnership Firm. Court upholds MIDC's decision, finding no violation of policy or natural justice, and notes availability of alternative remedy.

The petitioner, Dr. Dhananjay Patil, filed a writ petition challenging the allotment of an industrial plot by the Maharashtra Industrial Development C...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Reduction in Pay Scale as Punishment for Misconduct in Tata Memorial Hospital. Disciplinary action based on established misconduct and apology considered by employer.

The First Petitioner, Dr. Ganesh T. Panse, was employed as a Scientific Officer with the First Respondent, Tata Memorial Hospital. On 22nd September 2...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...