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 Amendment of Plaint in Property Suit, Holding That Amendment Seeking to Add Party and Correct Errors Does Not Change Cause of Action. The court set aside the trial court's dismissal of chamber summons under Order VI Rule 17 CPC, allowing the plaintiff to amend the plaint to add a necessary party and correct mistakes.

6 Mar 2013

The petitioners, Smt. Pinky Devi and Mr. Neerajsingh Sunder Singh Thakur, filed two writ petitions under Article 227 of the Constitution of India chal...

High Court

Madras High Court Dismisses State Appeals in Pension Case — Temporary Service Counted for Pension. Break in Service Does Not Forfeit Past Service Under Tamil Nadu Pension Rules, 1978.

7 Apr 2026

The case involves two writ appeals filed by the State of Tamil Nadu against a Single Judge order dated 18.03.2024, which directed the counting of temp...

High Court

Bombay High Court Allows Refund Claim Under CGST Act Despite Previous Sanction for Overlapping Period. Second refund application for a specific month within a previously covered quarter is maintainable as the earlier sanction did not adjudicate the claim for that month.

22 Apr 2026

The petitioner, Valmet Flow Control Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 3 April...

High Court

Gujarat High Court Dismisses Employer's Challenge to Industrial Tribunal Award Granting Pay Scale to Workmen in Education Society. Tribunal's Direction to Pay Wages in Pay Scale of Rs. 2550-3200 Upheld as Based on Evidence and Principle of Equal Pay for Equal Work Under Industrial Disputes Act, 1947.

5 Mar 2026

The petitioner, Nagar Prathmik Sikshan Samiti (NPSS), an educational society, challenged the judgment and order dated 31.01.2018 passed by the learned...

High Court

Madras High Court Allows Second Appeal in Property Dispute, Sets Aside First Appellate Court's Decree for Failure to Frame Substantial Question of Law Under Section 100 CPC. The Court held that the First Appellate Court's reversal of the Trial Court's decree was perverse and not based on evidence regarding adverse possession.

20 Jan 2025

The case involves a property dispute between the plaintiffs (Manickammal and others) and the defendant (Arunachalam). The suit property originally bel...

High Court

Bombay High Court Allows Caste Validity Petitions for 'Momin' Community Members — Scrutiny Committee Orders Set Aside for Violation of Natural Justice. Migration from another state does not automatically disentitle a person from claiming Scheduled Tribe status; the Committee must consider the continuous recognition of the caste in Maharashtra.

3 Nov 2025

The judgment concerns two writ petitions filed by individuals claiming Scheduled Tribe status as 'Momin' (also known as 'Momin Ansari' or 'Julaha'). T...

High Court

Bombay High Court Allows Caste Validity Petitions for 'Momin' Community Members — Orders Reconsideration of Caste Scrutiny Applications. The Court held that the Scrutiny Committee must consider the affinity test and other relevant material before rejecting caste claims under the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.

3 Nov 2025

The Bombay High Court at Nagpur Bench decided two writ petitions challenging orders of the District Caste Scrutiny Committee, Amravati, which rejected...

High Court

Bombay High Court Dismisses Trust's Petition Challenging Denial of Exemption Under Section 80G of Income Tax Act — Trust's Activities Not Charitable as They Primarily Benefit a Particular Religious Sect. The court held that propagation of teachings of a particular religious figure and working for the benefit of its devotees does not constitute a charitable purpose under Section 2(15) of the Income Tax Act, 1961.

16 Oct 2006

The petitioner, Suresh Sunderrao Nayak, as a trustee of the Sree Taram Trust, filed a writ petition challenging the refusal of the income tax authorit...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

29 Jul 2013

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

Supreme Court

Supreme Court Dismisses Appeal Against Dismissal of Quashing Petition in Forgery Case — Allegations of Sale of Family Property by Power of Attorney Holder Require Trial on Merits. High Court's Refusal to Quash FIR Under Sections 467, 468, 469, 471 IPC Upheld as Prima Facie Case Made Out.

31 Jan 2024

The appeal arose from a Final Judgment and Order dated 12.03.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.42776 o...

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