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 Retrospective Recovery of Supervision Charges in Distillery License — Levy Upheld as Contractual Obligation Under Section 58A of Bombay Prohibition Act, 1949.

10 Jul 2012

The petitioners, Sahakar Maharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. and another, filed a writ petition challenging a demand notice dated ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

16 Dec 2013

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

High Court

Bombay High Court Allows Fresh Arbitration After Supreme Court Sets Aside Arbitral Award Without Deciding Merits — Observations in Setting Aside Award Do Not Constitute Res Judicata. The Court held that setting aside an arbitral award under Sections 34/37 does not adjudicate the merits, and parties are free to arbitrate afresh under Section 11 of the Arbitration and Conciliation Act, 1996.

11 Mar 2025

The applicant, Batliboi Environmental Engineering Ltd., had entered into a contract with Hindustan Petroleum Corporation Ltd. (HPCL) for construction ...

High Court

Bombay High Court Dismisses PIL Challenging Aarey Colony Development as Forest Land — Held That Aarey Colony Is Not a Forest Under the Forest Conservation Act, 1980, and That the State Government Has Discretion to Use Land for Public Purposes. The court ruled that the dictionary meaning of 'forest' does not apply to Aarey Colony, and the petitioners failed to establish that it is a forest requiring prior approval under Section 2 of the Forest Conservation Act, 1980.

4 Oct 2019

The petitioners, Vanashakti (a public trust) and four individuals, filed a Public Interest Litigation under Article 226 of the Constitution of India b...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act - Petitioners Legal Heirs Fail to Overturn Eviction from Bank-Owned Premises in Pune

26 Feb 2026

The judgment involves a Writ Petition under Article 227 of the Constitution of India filed by the legal representatives of Petitioners, challenging th...

High Court

Bombay High Court Upholds Closure of Textile Mills Under Section 250 of Industrial Disputes Act, 1947 — Reinstatement of Retrenched Workers Denied Due to Financial Non-Viability. Closure Application Approved by Appropriate Government and Industrial Tribunal; Retrenchment Compensation Paid; No Justification for Reopening or Reinstatement.

9 Jun 2016

The petitioner, M/s. Standard Mills (Textile Division of Standard Industries Ltd.), a company incorporated under the Companies Act, 1956, had been in ...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder Case — Review Petition Allowed in Open Court. Court Holds That Life Imprisonment Is the Rule and Death Sentence an Exception, and Mitigating Circumstances Must Be Considered Even in Heinous Crimes.

14 Feb 2019

The Supreme Court of India heard a review petition filed by Md. Mannan @ Abdul Mannan, who had been convicted for the rape and murder of an eight-year...

High Court

Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

13 Apr 2018

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

High Court

Bombay High Court Dismisses Revision Applications Against Rejection of Order 7 Rule 11 CPC Plea in Suit for Recovery and Declaration. Plaint Discloses Cause of Action and is Not Barred by Limitation or Res Judicata Under Order 7 Rule 11 of Code of Civil Procedure, 1908.

19 Aug 2023

The judgment arises from two Civil Revision Applications filed against orders passed by the trial court rejecting applications under Order 7 Rule 11 o...

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