Search Results Page
Search Results
1 - 10 of 15 (0.47 seconds)The Code of Civil Procedure, 1908
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Article 32 in Constitution of India [Constitution]
Section 2 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
13. The doctrine of res judicata and of principles analogous thereto preclude the plaintiff from the relief of either reinstatement or recovery of damages since the prayer of the plaintiff for reinstatement has been declined by the competent Dutch authorities under Dutch Law and his termination upheld with grant of compulsory pension/compensation. The present suit would thus be barred by principles of res judicata. Reference is invited to Daryao and others Vs. State of U.P. and others . The Supreme Court repelled the argument that res judicata was a technical rule under the Civil Procedure Code and was thus irrelevant while deciding and considering the petition under Article 32. The Supreme Court observed as under:
Lal Chand (Dead) By L.Rs. & Ors vs Radha Kishan on 17 December, 1976
14. Reference is also invited to the decision of the Supreme Court in Lalchand (dead) by L.Rs. and others Vs. Radha Kishan . The respondent in the cited case instituted a suit for eviction of the appellant from the premises. Respondent had earlier sought permission for said relief under the Slum Clearance Act, which was denied to him. The subsequent suit filed by the respondent was held to be barred by principles of res judicata. The Supreme Court observed as under:
Article 89 in Constitution of India [Constitution]
Section 11 in The Slum Areas (Improvement And Clearance) Act, 1956 [Entire Act]
Nawabkhan Abbaskhan vs The State Of Gujarat on 19 February, 1974
In support of this, reliance was placed by the learned counsel on Nawabkhan Abbaskhan v. State of Gujarat ; Swadeshi Cotton Mills etc. etc. v. Union of India etc.