Constructive res judicata

Technical plea of constructive res judicata should not stand in the way to second proceeding

• Law

Technical plea of constructive res judicata should not stand in the way to second proceeding

advtanmoy 01/10/2018

06-11-1995-According to us, it would not be just and proper to deny relief to the appellant, which...

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If issue of title neither expressly nor substantially involved in former suit then whether the judgment operates as res judicata in a next suit.

• Law

If issue of title neither expressly nor substantially involved in former suit then whether the judgment operates as res judicata in a next suit.

advtanmoy 01/10/2018

12-07-2005-We find sufficient force in the alternative contention advanced on behalf of wife Alagammal and her children...

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Though in execution proceedings, Sec 11 CPC doesn’t apply but the rule of constructive res judicata applies

• Law

Though in execution proceedings, Sec 11 CPC doesn’t apply but the rule of constructive res judicata applies

advtanmoy 01/10/2018

19-04-1972-It is true that Section 13(1) of the Delhi Rent Control Act prohibited the court from passing...

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Whether ommission of pleading in previous suit creates Constructive res judicata in the second suit

• Law

Whether ommission of pleading in previous suit creates Constructive res judicata in the second suit

advtanmoy 01/10/2018

26-04-1973-The judgment clearly suggests that it was open to agitate the matter before the High Court hearing...

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Constructive Resjudicata under Explanation IV to Section 11 of CPC

• Law

Constructive Resjudicata under Explanation IV to Section 11 of CPC

advtanmoy 26/05/2018

In Forward Construction Co. & Ors. v. Prabhat Mandal, Andheri & Ors., AIR 1986 SC 391 the Supreme...

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Question of locus standi not having been raised before the High Court did not survive it amounted to an abandonment of the issue and cannot be raised before the Supreme Court

• Law

Question of locus standi not having been raised before the High Court did not survive it amounted to an abandonment of the issue and cannot be raised before the Supreme Court

advtanmoy 26/05/2018

Constructive Res Judicata In Tata Industries Ltd. v. Grasim Industries Ltd. (2008) 10 SCC 187. The  case...

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