Topic

res judicata

Res judicata in Indian law prevents the same dispute between identical parties from being relitigated after a final judgment by a competent court, as codified under Section 11 of the Code of Civil Procedure and related statutes.

63 articlesLatest 5 days ago
Article 227 | Suit Struck Off for Concealing SC Eviction Orders & Deriving Title from Fraudulent Deeds : Madras HC
Case Law Analysis
|Madras High Court

Article 227 | Suit Struck Off for Concealing SC Eviction Orders & Deriving Title from Fraudulent Deeds : Madras HC

The Madras High Court invoked Article 227 supervisory jurisdiction to strike off a civil suit where the plaintiff suppressed prior Supreme Court eviction decrees and claimed title through a tenant who fabricated settlement and sale deeds in breach of court undertakings. The ruling affirms that supervisory power extends to aborting proceedings founded on fraud and deliberate concealment of adverse judicial orders.

Maintainable composite appeal to challenge common judgment of two suits | Section 96 CPC : SC
Case Law Analysis
|Supreme Court of India

Maintainable composite appeal to challenge common judgment of two suits | Section 96 CPC : SC

The Supreme Court ruled that a single appeal filed under Section 96 of the CPC can be maintained to contest a common judgment dismissing two separate suits filed by the same plaintiff. This eliminates the need for separate appeals, reducing litigation time and cost for litigants. The holding applies to all civil parties seeking to appeal consolidated judgments.

Res Judicata Bars Prohibition Under Section 22A(1)(c) Registration Act | AP HC Quashes Arbitrary Property Blacklisting
Case Law Analysis
|Andhra Pradesh High Court

Res Judicata Bars Prohibition Under Section 22A(1)(c) Registration Act | AP HC Quashes Arbitrary Property Blacklisting

Andhra Pradesh High Court rules that once a court conclusively settles a title dispute, administrative authorities cannot prohibit property registration under Section 22A(1)(c) of the Registration Act. The judgment directs removal of the petitioner’s property from the prohibited list, reinforcing that res judicata prevails over administrative overreach in property registration matters.

Land Acquisition Act | Abuse of Process Bars Appeal After 9-Year Delay and Undisclosed Lok Adalat Settlement : Karnataka HC
Case Law Analysis
|Karnataka High Court

Land Acquisition Act | Abuse of Process Bars Appeal After 9-Year Delay and Undisclosed Lok Adalat Settlement : Karnataka HC

Karnataka High Court sets a precedent by dismissing a landowner's appeal under Section 54(2) of the Land Acquisition Act after he accepted compensation, delayed filing for nine years, and failed to disclose a prior Lok Adalat settlement. The ruling reinforces that courts will not entertain appeals constituting abuse of process, protecting finality in land acquisition disputes.

Article 226 | Withdrawal of Writ Petition Without Leave Bars Fresh Petition on Same Cause of Action : AP HC
Case Law Analysis
|Andhra Pradesh High Court

Article 226 | Withdrawal of Writ Petition Without Leave Bars Fresh Petition on Same Cause of Action : AP HC

The Andhra Pradesh High Court ruled that withdrawing a writ petition under Article 226 without seeking leave to file a fresh petition precludes subsequent petitions on the same cause of action. This decision reinforces res judicata principles and discourages forum-shopping, impacting litigants seeking multiple remedies for identical disputes.

Order XIV Rule 2 CPC | Res Judicata Decided as Preliminary Issue Without Oral Evidence When Pleadings Disclose Prior Litigation: Karnataka HC (Dharwad)
|Karnataka High Court

Order XIV Rule 2 CPC | Res Judicata Decided as Preliminary Issue Without Oral Evidence When Pleadings Disclose Prior Litigation: Karnataka HC (Dharwad)

The Karnataka High Court permits courts to decide res judicata as a preliminary issue without oral evidence when pleadings conclusively establish identity of parties, subject matter, and prior adjudication. This streamlines decade-old partition suits by preventing redundant litigation, benefiting parties facing prolonged property disputes and reinforcing judicial efficiency under civil procedure.

Section 24(2) RFCTLARR Act | Lapse of Acquisition Requires BOTH Non-Payment AND Non-Possession : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 24(2) RFCTLARR Act | Lapse of Acquisition Requires BOTH Non-Payment AND Non-Possession : Karnataka HC

Karnataka High Court clarifies that land acquisition under Section 24(2) of the Right to Fair Compensation Act 2013 lapses only if compensation remains unpaid AND lawful possession is not taken. Mere treasury deposit does not suffice, and once possession is taken, land vests absolutely in the State under Section 16, barring divesting even if earlier proceedings lapse. This ruling impacts landowners and authorities in ongoing acquisition disputes.