ARCHIVE SiteMap 2021-12-16

Does the principle of Constructive res judicata apply to writ proceedings? Give reasons in support of your answer and also refer to case law, if any on the point.

Does the doctrine of res judicata apply to the writ of Habeas Corpus? Give reasons in support of your answer and also refer to the case law, if any, on the point.

Does the doctrine of res judicata apply in the following case? A writ petition under Article 226 of the Constitution was dismissed by High Court in limine without a speaking order…Article 32 on the same subject matter taking the same plea.

Does the failure to raise an alternative plea in the former suit which is inconsistent with the main plea operate as res judicata in the later suit? Give reasons and also refer case-law, if any, on the point?

Does the principle of res judicata apply between co defendants?…Does the principle of res judicata apply between co-plaintiffs?

Does the doctrine of res judicata apply to proceedings in execution of a decree? Give reasons in support of your answer and also refer to the case law, if any, on the point.

Does the doctrine of res judicata applies to Tax proceedings? Give reasons in support of your answer and also refer to judicial decisions, if any, on the point.

Does the doctrine of res judicata apply in probate proceedings? Give reasons and also refer to case law, if any, on the point.  

‘A’ files a suit against B’ for recovery of possession of a house situated at Juhu (Mumbai) on the basis of a sale deed executed by B’. The suit is heard and dismissed by a court of competent jurisdiction… Can the court try the subsequent suit filed by ‘A’ against B”?

Under which other provisions of the Code of Civil Procedure besides Section 11, a second suit has been barred? Discuss briefly

A sues B for certain land in his personal capacity. The suit is heard and dismissed. Against A sues B for the same land in the same court as Mutawali. Is the subsequent suit barred by Res Judicata?

A brought a suit against B to recover possession of math property claiming it as the heir deceased Mahant. The suit was dismissed because ‘A’ failed to produce a certificate of succession to establish his heirship… Plea of res judicata is raised. Decide.