Cpc G. Surya Narayanan Mhc Advt: Section 11 2010(3) SCJ 811 N.Suresh Nathan & others vs Union of India & others Resjudicata is not attracted unless directly and substantially heard and decided by competent court in former case- direction for a different post does not constitute resjudicata for decision

[1/7, 19:14] Cpc G. Surya Narayanan Mhc Advt: Section 11
2010(3) SCJ 811
N.Suresh Nathan & others vs Union of India & others
Resjudicata is not attracted unless directly and substantially heard and decided by competent court in former case- direction for a different post does not constitute resjudicata for decision in respect of another post
Section 100 ; order 20
2010(3) SCJ 768
Santosh vs Jagat Ram & another
Suit to declare decree obtained by fraud decreed and appeal allowed – High court found the suit is beyond limitation- Held, suit filed, written statement on the same day and judgement on the same day is better example of fraud- decree of trial court restored
Order 12
2010(3) SCJ 869
L.I.C of India & another vs Ram Pal Singh Bisen
Mere admission of document no proof of content- marking does not dispense with proof- Held, admission of documents is admission of content and not its truth
[1/11, 10:48] Cpc G. Surya Narayanan Mhc Advt: Order 16 rule 2 ; order 20 rule 1
2010(4) SCJ 444
Assistant Commissioner Commercial Tax Division , Kota VS M/S Shukla and brothers
Litigant has legitimate expectations to know the reason for rejection of claim-when reason ceases, Law ceases-Court shall record findings on each issue forming part of judgement
2010(4)SCJ 883
Order XXIII Rule 3
Shanthi Budhiya Vesta Patel and others VS Nirmala Jayprakash Tiwari and others
Party who alleges coercion or Fraud in compromise shall set out full particulars and burden is on them to prove it
Order XL Rule 1 –
2010(4)SCJ 875
Amal Kumar Ghosh and others VS Basanta Kumar Almal
Receiver expected to submit periodical reports to Court with copies to parties – Receiver cannot continue for decades and holding amounts entrusted to them -Receiver paying amounts without authority of Court becomes personally liable

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