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1 - 10 of 11 (0.27 seconds)Article 227 in Constitution of India [Constitution]
Erach Boman Khavar vs Tukaram Sridhar Bhat & Ors on 12 December, 2013
In the case of Erach Boman Khavar (supra), on a survey of
earlier opinions the Apex Court of the land observed thus:
Chamkaur Singh vs Mithu Singh on 29 October, 2013
(9 of 10) [CW-10279/2018]
In the case of Chamkaur Singh Vs. Mithu Singh: 2014 (1)
CivCC 389, relying upon the opinion of the Apex Court of the land
and High Court observed thus:
Thiruvengada Pillai vs Navaneethammal & Anr on 19 February, 2008
"In Thiruvengadam Pillai v. Navaneethammal & Anr. 2008 (4) SCC
530, the Hon'ble Supreme Court held as under:
Satyadhyan Ghosal And Others vs Sm. Deorajin Debi And Another on 20 April, 1960
The
Court referred to the decision in Satyadhyan Ghosal
(supra) and quoted a passage from the said decision and
thereafter took note of two submissions advanced by the
learned Counsel for the Respondents therein which were
to the effect that (1) an issue of fact or law decided even
in an interlocutory proceeding could operate as res
judicata in a later proceeding, and (2) in order to attract
the principle of res judicata the order or decision first
rendered and which is pleaded as res judicata need not be
capable of being appealed against. Dealing with the same
the Court observed thus:
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 28 in Calcutta Thika Tenancy Act 1949 [Entire Act]
Y.B. Patil And Ors vs Y.L. Patil on 23 August, 1976
In the case of Y. B. Patil (supra), the findings of the Assistant
Commissioner and Deputy Commissioner regarding the question
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(7 of 10) [CW-10279/2018]
of appellant being strangers qua the land in dispute took a very
restricted view of Section 79 of the Act dealing with the revision
wherein the revision petition was dismissed for the High Court has
declined to interfere in the order made in revision. In that factual
matrix, the Apex Court of the land on a survey of the contextual
factual matrix made those observations. Whereas the factual
matrix of the case at hand is entirely different and distinguishable.