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Canara Bank vs N.G. Subbaraya Setty on 20 April, 2018

52. That takes us to the second question whether in the facts and circumstances of the case on hand, the present proceedings were barred by res judicata. The answer to this question has to be found out from three different perspectives, viz., (1) whether the parties to both the proceedings were the same; (2) whether the matter directly and substantially in issue in both the proceedings were the same; and (3) whether the case will fall under any one of the two exceptions pointed out by the Supreme Court in Canara Bank v. N.G. Subbaraya Setty, viz., that it was an erroneous decision on the jurisdiction of a Court or an erroneous judgment on a question of law which sanctions something that is illegal.
Supreme Court of India Cites 54 - Cited by 60 - R F Nariman - Full Document

Gadda Balaiah And Others vs The Joint Collector, Ranga Reddy ... on 25 February, 2013

In Gadda Balaiah v. Joint Collector, Ranga Reddy District8, a Division Bench of this Court has already held that the provisions of the Urban 5 (1994) 1 SCC 1 6 (2011) 8 SCC 383 7 (2005) 6 SCC 149 8 2013(4) ALD 725 84 VRS, J & JUD, J C.R.P.No.4935 of 2008 and batch Land Ceiling Act particularly in view of Section 28 of the Ceiling Act would prevail over the Tenancy Act and that even a protected tenant is covered by the Ceiling Act. This is why the protected tenant as well as the land owner conveniently suppressed this information and made the Revenue Divisional Officer exercise a jurisdiction which he otherwise could not have exercised. This is why the suppression assumed the proportion of a fraud.
Andhra HC (Pre-Telangana) Cites 87 - Cited by 13 - G Raghuram - Full Document

K.K. Modi vs K.N. Modi & Ors on 4 February, 1998

42. Therefore, on first principles, there can be no escape from the conclusion that once a cooperative society had taken appropriate legal steps for defending their title to the property in dispute and had lost the battle, the individual members of the very same cooperative society cannot be permitted to agitate the very same issues. The same would tantamount to re-litigation or repeated litigation which is condemned by the Hon'ble Supreme Court in K.K. Modi v. K.K. Modi3.
Supreme Court of India Cites 14 - Cited by 573 - S V Manohar - Full Document

S.P Chengalvaraya Naidu vs Jagannath on 27 October, 1993

143. As observed by Justice Edward Coke 3 centuries ago, which was also quoted by the Supreme Court in S.P. Chengalvaraya Naidu v. Jagannath5, fraud avoids by judicial acts, ecclesiastical or temporal. In the same decision, the Supreme Court pointed out that fraud is an act of deliberate deception with the design of securing something by taking advantage of another. It is a deception in order to gain by another's loss.
Supreme Court of India Cites 0 - Cited by 979 - K Singh - Full Document

The State Of Andhra Pradesh & Anr vs T. Suryachandra Rao on 25 July, 2005

In State of Andhra Pradesh v. T.Suryachandra Rao7, the Supreme Court highlighted that the present day concept of fraud on Statute has veered round abuse of power or mala fide exercise of power. The colour of fraud in public law or administrative law assumes different shades, one of which strikes at the root of the jurisdiction exercised by an authority, on the basis of incorrect facts deliberately posted before him".
Supreme Court of India Cites 11 - Cited by 239 - A Pasayat - Full Document
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