Search Results for "constructive res judicata"

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Search Results for "constructive res judicata"

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Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

High Court of Bombay at Goa Dismisses First Appeal in Partnership Firm Suit for Specific Performance - Plaint Rejection Under Order VII Rule 11 CPC Upheld Due to Res Judicata. Subsequent Suit by Registered Firm Barred as Cause of Action Identical to Prior Dismissed Suit by Unregistered Firm Under Section 69(2) of Indian Partnership Act, 1932.

27 Feb 2026

The dispute originated from agreements for sale of a plot of land in Goa, where the appellant, initially an unregistered partnership firm, entered int...

High Court

High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

21 Jan 2026

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

Supreme Court

Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

7 Apr 2025

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

Supreme Court

"Supreme Court Rules on Land Allocation: Equality and Public Interest Prevail" "Upholding constitutional principles, the court emphasizes public good over preferential treatment."

25 Nov 2024

The Supreme Court's scrutiny of land allotment policies by the State of Andhra Pradesh to privileged groups, including MPs, MLAs, and others. The judg...

High Court

Dispute Over Land Ownership and Tenancy Rights in Survey No. 73/1 at Mouje Rohinjan. Petitioner-Trust's Claim of Exemption Under Section 88-B of BT & AL Act Contested by Tenant's Rights and Historical Orders; MRT Decision Under Scrutiny.

2 Aug 2024

This case involves a dispute over the land bearing Survey No. 73/1 at Mouje Rohinjan, with the petitioner claiming the land is part of their trust and...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

Court Upholds Final Partition Decree, Dismisses Late Will Submission by Defendant No.8 Defendant's attempt to modify shares based on a newly surfaced Will rejected; court emphasizes finality of judicial proceedings.

1 Jul 2024

This Writ Petition challenges the rejection of Defendant No.8's application by the Joint Civil Judge (Senior Division), Nashik, which sought to frame ...

Supreme Court

Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

1 Sep 2022

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

Supreme Court

Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

3 Mar 2022

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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