Section 11 in The Code of Civil Procedure, 1908
11. Res judicata .-
No Court shall try any suit or issue in which the matter directly ... limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction
High
Court. They were barred by the doctrine of
constructive res judicata as also on the ground
of abandonment of claim.
16. On merits ... maintainability of
writ petitions on the ground of constructive
res judicata/abandonment of claim is not well-
founded. First of all, no such contention
considered but petition dismissed in
limine-Order of High Court if res judicata, in relation to
petition under Art. 32.
HEADNOTE:
The sales tax authorities ... ground of Inches; and (2) Whether the
petition is barred by res judicata in view of the decision
of the High Court.
HELD: (Per Hidayatullah
Principle of res judicata when
applicable-"Good cause" and "sufficient cause" if different.
HEADNOTE:
There were three suits ... facts and reasons
as before. The, respondents raised the bar of res judicata
which was accepted by the Court. On the rejection of his
application
regard argued the question of "issue estoppel" and "res judicata" in a criminal trial. Learned Counsel appearing on behalf ... subsequent proceedings between the parties to the adjudication. The maxim 'res judicata pro veritate accipitur' is no less applicable to criminal than
Class IV employees have attained finality and operate as res judicata between the parties, namely, the employees of the Delhi High Court and the Union ... event, they are neither final nor do they operate as res judicata between the parties as contended on behalf of the petitioners. It is pointed
Maharashtra Service of
Engineers----Validity of.
Articles 32 and 226-- Constructive Res judicata--Applicabili-
ty of.
Labour and Services: Reorganised Bombay State Overseas
and Deputy ... nonadherence--Effect of.
Civil Procedure Code, 1908: Section 11, Explanation
IV--Res judicata--Applicability to writ cases.
HEADNOTE:
The parties in these matters are Engineers
Section 373 of
the Indian Succession Act 1925 would operate as res judicata to the suit
for partition filed in a civil court between ... Succession Certificate,
it became final, thus it operates as res judicata. The High Court by its
impugned order, upheld this contention. Thus High Court dismissed
1990 and
694/1990, would attract the principle of res judicata and, thus, the appeals
filed by the Appellants were not maintainable. The High Court ... favour of other claimants having only
evidentiary value, the principle of res judicata was wholly inapplicable.
In any event as such judgments and awards were
IInd Civil Judge,
Class II, Jabalpur will operate as res-judicata in the
present case?
(a) Whether the suit is not maintainable as no relief ... First Appeal.
It is now well-settled that principles of res judicata applies in different
stages of the same proceedings. [See Satyadhyan Ghosal and others
