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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "res judicata not made out"

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High Court

Bombay High Court Dismisses Appeal of Obstructionist in Execution Proceedings — Sub-Tenancy Claim Not Proven. Order 21 Rule 97 CPC Objection Fails as Appellant Failed to Establish Sub-Tenancy and Decree Was Within Limitation.

26 Aug 2005

The appellant, Surjeetsingh Jaswantsingh Hora, filed an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 before the IV Extra Jo...

High Court

Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

26 Aug 2019

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

High Court

Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

16 Mar 2012

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Tribe Claim for 'Mannerwarlu' Tribe. Court holds that the Scrutiny Committee failed to consider validated tribe claims of close blood relatives and the principle of stare decisis, directing reconsideration of the petitioner's claim.

24 Jul 2023

The petitioner, Chaitanya Palekar, challenged the order dated 7.7.2022 passed by the Scheduled Tribe Caste Certificate Verification Committee, Kinwat,...

High Court

Bombay High Court Dismisses Executor's Petition for Enhanced Compensation in Town Planning Scheme — Claim Barred by Limitation and Res Judicata. Compensation for garden reservation under TPS V Santacruz was determined by arbitrator and Tribunal of Appeal; subsequent claim under Section 84 of MRTP Act, 1966 held time-barred and not maintainable.

17 Mar 2005

The petitioner, Lakhmichand Ramchand Asrani, as executor of the will of his father Ramchand Daulatram Asrani, filed a writ petition seeking a directio...

High Court

High Court of Karnataka Quashes Dismissal of Community Organizer in Service Law Case — Violation of Natural Justice as Dismissal Based on Lokayukta Report Without Departmental Enquiry. Petitioner's dismissal order dated 18.04.2013 set aside for non-compliance with Article 311(2) of the Constitution and Karnataka Civil Services Rules, as no disciplinary enquiry was conducted before imposing major penalty.

7 Jan 2014

The petitioner, Sri A.K. Lakshmanappa, was employed as a Community Organizer in the City Municipal Council, Harihara-Davangere. A complaint was filed ...

Supreme Court

Supreme Court Allows Amendment of Plaint in Contract Dispute — Continuous Cause of Action Does Not Require Fresh Notice Under Section 80 CPC. The court upheld the High Court's order permitting amendment to bring subsequent debarment orders on record, as they arose from the same cause of action.

1 Jan 2025

The dispute arose from a tender floated by the Superintending Engineer, PWD, Kolkata on 04.12.2013 for strengthening the Howrah-Amta Road. The respond...

High Court

Bombay High Court Dismisses Letters Patent Appeals in MHADA Eviction Case — Upholds Concurrent Findings of Fact. Appellant's claim for tenancy rights rejected as he failed to prove lawful possession under Maharashtra Housing and Area Development Act, 1976.

17 Jun 2005

The case involves two Letters Patent Appeals arising from eviction proceedings under the Maharashtra Housing and Area Development Act, 1976. The appel...

High Court

Madras High Court Dismisses Second Appeal in Obstruction Application, Upholds Execution Court's Order. Pendente Lite Purchaser Cannot Raise Defense of Bonafide Purchaser; Decree Against Vendor Binds Subsequent Purchaser.

28 Apr 2026

The second appeal arose from execution proceedings in a suit for declaration of title and recovery of possession. The respondent Balan had filed O.S.N...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

11 Jun 2015

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...

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