Search Results for "res judicata not made out"

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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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High Court Rules on Reference Scope in Silver Confiscation Case Under Customs Act. Reference Question Limited to Silver Confiscated Under Section 120(2), Not Entire Seized Quantity.

The matter arose from a reference made by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) to the High Court of Bombay under Section ...

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Bombay High Court Allows Central Excise Appeal in Purification Activity Case — Tribunal's Order Set Aside for Judicial Indiscipline. Purification of excise duty paid goods on job work basis does not amount to manufacture under Section 2(f) of Central Excise Act, 1944, and Tribunal bound by precedents.

The Bombay High Court disposed of Central Excise Appeal No.179 of 2014 and Civil Writ Petition No.279 of 2015 by a common order. The appellant, Sunbel...

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Bombay High Court Allows Partition Appeal in Family Property Dispute — Plaintiff Granted 1/3rd Share Based on Contribution. Court held that the plaintiff's claim for 2/3rd share was barred by res judicata due to dismissal of earlier suit for recovery of contribution amount.

The case involves a partition suit filed by Dr. Bhalchandra Govind Kshirsagar (plaintiff) against his family members (defendants) seeking a 2/3rd shar...

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Bombay High Court Dismisses Petition Challenging Magistrate's Order Refusing to Issue Process Under Section 406 IPC in License Agreement Dispute. Court Held That Dispute Was Purely Civil in Nature and No Criminal Offence Was Made Out.

The petitioner, Sharan P Khanna, owned certain premises and entered into a license agreement with respondent No.1, Oil & Natural Gas Corporation Ltd. ...

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Bombay High Court Allows Second Appeal in Property Suit, Holding That Civil Court Jurisdiction Cannot Be Ousted Without Pleadings and That Courts Below Erred in Permitting Evidence on Unpleaded Facts

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the appellate court which dismissed...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

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