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1 - 10 of 13 (0.03 seconds)The Code of Civil Procedure, 1908
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Daryao And Others vs The State Of U. P. And Others(And ... on 27 March, 1961
In Daryao
v. State of U.P.8 this Court held that tile doctrine of res
judicata is in the interest of public at large and a
finality should be attached to the binding decisions
pronounced by courts of competent jurisdiction, and it is
also in the public interest that individuals should not be
vexed twice over with the same kind of litigation.
Gulam Abbas & Ors vs State Of U.P. & Ors on 3 November, 1981
In Gulam
Abbas v. State of U.P.9 this Court held that the principle
of res judicata though technical in nature, is founded on
considerations of public policy. The technical aspect, for
instance, pecuniary or subject-wise competence of the
earlier forum to adjudicate the subject-matter or to grant
reliefs sought in the subsequent litigation, should be
immaterial when the general doctrine of res judicata is to
be invoked. Explanation VIII, inserted by the Amending Act
of 1976, was Intended to serve this purpose and to clarify
this position. It, therefore, has to be held that the
decree of the District Munsif, though of limited pecuniary
jurisdiction, would operate as res judicata in the
subsequent suit between the same parties.
Parbhat General Agencies Etc vs Union Of India & Anr. Etc on 12 October, 1970
9. If the agreement is silent as regards supplying the
vacancy, the law, it is urged, presumes that the parties
intended to supply the vacancy. Where,therefore the court is
moved under Section 8 of the Act to appoint an arbitrator,
it was well within its jurisdiction to appoint another
arbitrator. Reliance is placed on Prabhat General Agencies
v. Union of India2.
Section 52 in The Transfer Of Property Act, 1882 [Entire Act]
The Punjab Land Revenue Rules
Nabin Majhi vs Tela Majhi And Anr. on 18 July, 1978
It was urged that the
view of the Calcutta High Court in Nabin Majhi v. Tela
Majhil and Promode Ran an Banerjee v. Nirapada Monda 12 is
correct interpretation and the contra views of tile Kerala
High Court in P. V.N. Devoki Amma v. P. V.N. Kunhi Raman
Nair3, Orissa High Court in Kumarmoni Sa v. Himachal Salhu,
U4 and C. Arum ugathicin v. S. Muthusami Naidu5 are not
correct.