Search Results for "Res judicata"

42 result(s) found

Scroll Down To Discover

Found 42 result(s)

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

© Image Copyrights Juris Services & Technology

Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration a...

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

© Image Copyrights Juris Services & Technology

Tenant’s Right to Purchase Tenanted Land Under Maharashtra Tenancy and Agricultural Lands Act, 1948 – Whether Barred by Res Judicata and Failure to Issue Intimation Within Statutory Period?

Landlord’s Obligation to Intimate Tenant of Attaining Majority – Retrospective Application of 1969 Amendment – Tenant’s Right to Purchase Land...

© Image Copyrights Juris Services & Technology

Supreme Court Clarified Permanent Alimony Covers All Maintenance Claims – No Further Dues Payable. Miscellaneous Application Seeking Additional Maintenance Rejected – Rs. 50 Lakh Permanent Alimony Held as Full and Final Settlement

The Supreme Court dismissed the Miscellaneous Application, holding that all disputes, including maintenance, were finally settled by its previous judg...

© Image Copyrights Juris Services & Technology

Civil Suit for Declaration of Title and Possession — Res Judicata, Limitation, and Representative Suit Discussed — Supreme Court Set Aside High Court’s Decree and Dismissed the Suit.

A suit filed in a representative capacity cannot override the conclusive effect of a decree already attained finality, and res judicata shall bar any ...

© Image Copyrights Juris Services & Technology

Supreme Court Upholds Demand Notices for Recovery of Rebate on Electricity Tariff. Promissory Estoppel Yields to Public Interest – Rebate Withdrawal Validated

The Supreme Court dismissed the appeals, holding that: The appellants were not entitled to the rebate under the notification dated 30.09.1991, as the...

© Image Copyrights Juris Services & Technology

Supreme Court Set Aside High Court’s Order Directing Compassionate Appointment – Lump Sum Ex-Gratia Granted Under Article 142. Compassionate Appointment – Financial Condition Consideration – High Court Erred in Overlooking Suitability Criterion – Article 142 Invoked for Equitable Relief

Acts And Sections Discussed Constitution of India, 1950 – Article 142 – Extraordinary Power Exercised for Equitable Relief – Para 49 Civil P...

© Image Copyrights Juris Services & Technology

Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitra...

© Image Copyrights Juris Services & Technology

Supreme Court Quashes Karnataka High Court Order on Delay Condonation and Leave to Appeal. Transferee Pendente Lite Cannot Challenge Decree Without Leave – Delay of 586 Days Not Justified.

Constitution of India, 1950 – Code of Civil Procedure, 1908 – Transfer of Property Act, 1882 Article 136 – Appellate Jurisdiction of Supreme ...