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 Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct.

15 Sep 2017

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitutio...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

30 Nov -0001

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

24 Sep 2024

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

Supreme Court

Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

30 Sep 1957

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

High Court

Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

13 Sep 2012

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

High Court

Bombay High Court at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Property Suit. Held that the plaint discloses a cause of action and is not barred by limitation or res judicata under Order 7 Rule 11 CPC.

13 Aug 2010

The petitioner, Dr. Suresh Bhalchandra Shetye, was the original defendant no.1 in a suit filed by the respondents (original plaintiffs) seeking partit...

High Court

Gujarat High Court Quashes Notice of Accusation in Cheque Dishonour Case Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. The court held that Section 148 of the Negotiable Instruments Act, 1881 mandates pre-litigation mediation before filing a complaint under Section 138, and non-compliance renders the complaint not maintainable.

13 Jan 2026

The petitioner, Sanjay Singh, filed a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha ...

High Court

Bombay High Court Cancels Bail Granted Under Section 437(6) CrPC for Non-Completion of Trial Within 60 Days of Charge Framing. The court held that the Magistrate failed to consider the prosecution's application for further investigation under Section 173(8) CrPC, which justified the delay in trial.

13 Nov 2006

The applicant, UT Worldwide India Pvt. Ltd., filed five criminal applications seeking cancellation of bail granted to respondent no. 2 (the accused) b...

Supreme Court

Supreme Court Quashes High Court Order Appointing Arbitrator in Arbitration Dispute Due to Abandonment of Earlier Proceedings. Fresh Application Under Section 11 of Arbitration and Conciliation Act 1996 Held Barred Under Order 23 Rule 1 of Code of Civil Procedure 1908 as Claimant Had Ceased Participation Without Seeking Leave.

1 Apr 2026

The dispute originated from joint participation in an auction conducted by Jammu & Kashmir Bank for land in Hoshiarpur, Punjab. The parties execut...

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