Search Results for "res judicata not made out"

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Search Results for "res judicata not made out"

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High Court

Bombay High Court Allows Petition Challenging Cancellation of Residential Quarter Allotment to Dependent of Deceased Government Employee. The Court held that the Maharashtra Administrative Tribunal has jurisdiction to entertain disputes regarding government accommodation allotment, and the matter was not barred by res judicata due to a prior civil suit.

18 Jul 2023

The petitioner, Yogesh Dilip Devre, challenged the order of the Maharashtra Administrative Tribunal (MAT) dated July 6, 2023, which dismissed his Orig...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration and Injunction — Order Rejecting Application Under Order 23 Rule 1 CPC Upheld. The court held that withdrawal of a suit before filing of written statement and without adjudication on merits does not bar a subsequent suit on the same cause of action under Order 23 Rule 1 CPC.

10 Aug 2015

The revision petition was filed by the defendant No.5 in O.S.No.144/2012 challenging the order of the Senior Civil Judge, Anekal, dated 28.9.2013 dism...

High Court

High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

21 Oct 2024

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit for Permanent Injunction to Include Alternative Relief of Specific Performance. Pre-trial amendment under Order 6 Rule 17 CPC should be liberally allowed if no prejudice is caused to the opposite party.

18 Jan 2017

The petitioner, Shri Bhramappa S/o Parappa Savadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

High Court

Bombay High Court Quashes Dismissal of Employee in Disciplinary Inquiry Due to Procedural Violations. Initiation of Proceedings by Subordinate Authority and Denial of Defence Witnesses Renders Inquiry Invalid.

15 Apr 2016

The petitioner, an employee of Manganese Ore (India) Limited, challenged his dismissal order dated 16.3.2001 passed after a disciplinary inquiry. The ...

High Court

Bombay High Court Allows Employee's Petition Challenging Dismissal in Disciplinary Inquiry Due to Procedural Irregularities. Initiation of Proceedings by Subordinate Authority and Denial of Defence Witnesses Violates Natural Justice, Leading to Quashing of Dismissal Order.

15 Apr 2016

The petitioner, Dwijendra Nath Sen, was an employee of Manganese Ore (India) Limited, a government undertaking. He was dismissed from service on 16 Ma...

High Court

High Court of Karnataka Allows Compensation Appeal in Electrocution Death Case — Father Awarded ₹5 Lakhs for Negligence of Electricity Board. Failure to Maintain Power Lines Causing Death of College Student Attracts Strict Liability Under Section 161 of the Electricity Act, 2003.

1 Oct 2020

The appellant, Pandurang S/o Bhimayya Ainapure, a farmer aged 60, lost his 20-year-old college-going son Srinivas due to electrocution on 24.09.2000. ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal Against Compensation Award in Motor Accident Claim — Double Jeopardy Not Attracted as Earlier Award Was Not Satisfied. The court held that the filing of a second claim petition for the same accident is not barred by res judicata when the earlier award was not satisfied by the insurance company.

12 Mar 2018

The appeal was filed by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 29.10.2013 pa...

High Court

Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

27 Oct 2010

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

High Court

Bombay High Court Dismisses Appeal in Family Court Matter as Not Maintainable Against Interlocutory Order. Order Permitting Occupation of Flat Pending Divorce Proceedings Held Not Appealable Under Section 19, Family Courts Act, 1984, as It Did Not Finally Determine Rights.

14 Jun 2005

The Bombay High Court, before a Division Bench of R.M.S. Khandeparkar and Anoop V. Mohta, JJ., considered a preliminary objection to the maintainabili...

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