Search Results for "res judicata not made out"

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Supreme Court Allows Appeal by Lineal Descendant in Succession Certificate Revocation Case. Respondent Held to Have No Locus Standi as She Was Not a Lineal Descendant of the Deceased Under Section 33(a) of the Indian Succession Act, 1925.

The appeal arose from a proceeding to revoke a Succession Certificate granted to the appellant, Joseph Easwaran Wapshare, on 16.03.2005, in respect of...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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High Court of Karnataka Reviews Challenge to CCI Investigation Order in Online Marketplaces Case — Petitioners Contend Lack of Prima Facie Opinion and Appreciable Adverse Effect on Competition Under Section 26(1) of Competition Act, 2002.

The dispute involves writ petitions filed by Amazon Seller Services Private Limited and Flipkart Internet Private Limited, challenging an order dated ...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order VII Rule 11 CPC — Suit Not Barred by Limitation or Res Judicata as Plaint Discloses Cause of Action

The present Civil Revision Application was filed by the defendants (applicants) challenging the order dated 26/02/2026 passed by the 7th Additional Se...

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Bombay High Court Dismisses Suit for Recovery of Transportation Charges in Cotton Import Dispute. Plaintiff failed to prove liability of defendant for transportation charges on imported cotton bales.

The plaintiff, Hindustan Spinning & Weaving Mills Limited, filed a suit against the defendant, Cotton Corporation of India Limited, for recovery of Rs...