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1 - 10 of 32 (0.43 seconds)The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971
Section 9 in The Code of Civil Procedure, 1908 [Entire Act]
Section 11 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 15 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
Section 5 in The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971 [Entire Act]
The Limitation Act, 1963
Express Newspapers Pvt. Ltd. & Ors vs Union Of India & Ors on 7 October, 1985
8. The emphasized portions of the aforesaid paras leave no manner
of doubt that the Estate Officer is fully competent to decide all issues of facts
and law, complicated or not, which arise between the parties to the
proceedings before him. The Supreme Court has in the judgment of Ashok
Marketing Ltd. (supra) distinguished the judgment of three Judges Bench in
the case of Express Newspapers Pvt. Ltd. Vs. Union of India & Ors 1986(1)
CS(OS) No.1085/1991 Page 9 of 19
SCC 133 and which had held that civil Courts had jurisdiction.
Mst. Gulab Bai vs Manphool Bai on 5 September, 1961
Gulab Bai v. Manphool Bai. It is not
possible to accept this contention for the reasons which we shall
presently indicate. It is well settled that Section 11 of the CPC is not
exhaustive of the general doctrine of res judicata and though the rule of
res judicata as enacted in Section 11 has some technical aspects the
general doctrine is founded on considerations of high public policy to
achieve two objectives, namely, that there must be a finality to
litigation and that individuals should not be harassed twice over with
the same kind of litigation.