Case laws by Sekar Reporter · May 9, 2020 LIST OF CASESRes Judicata in cases involving Co-Defendants/Co-Plaintiffs:• (1974) 2 SCC 151• (1995) 3 SCC 693S. 44 of the Indian Evidence Act, 1872 and cases of Gross Negligence:• AIR 1937 P.C. 1• (1995) 4 SCC 163Foreign Judgment obtained by way of fraud:• AIR 1975 SC 105No Res Judicata in Public Interest Litigations if filed and fought bona fide:• Rural Litigation Kendra 1989 supp (1) SCC 504• Forward Construction Company 1986(1) SCC 100• 2017(15)SCC 333An Ex Parte Order passed by the Court is Res Judicata• (2007) 8 SCC 329A judgment containing an error in law is no Res Judicata• (2019) 12 SCC 210• (2018) 16 SCC 228• (2016) 14 SCC 49• (1970) 1 SCC 613Whether the dismissal of an application under O. XXII, amounts to a bar for a fresh application under O. I, R. 10 of the Code of Civil Procedure, 1908:• (2017) 9 SCC 700Matters decided by the court which attained finality by way of the preliminary decree cannot be challenged at the time of passing the final decree:• (2017) 7 SCC 342Res Judicata in Election Petitions: Whether interlocutory orders passed by the Court amount to Res Judicata:• (2016) 6 SCC 576Principles of Res Judicata—Earlier possession suit and later suit for partition-No Res Judicata• (2016) 4 SCC 43410.A. Principles- Earlier judgment by court of Limited Jurisdiction-Res Judicata1994(2) SCC 14The dismissal of a prior Suit on the technicality of Non-Joinder of proper/necessary parties is no Res Judicata:• (2016) 2 SCC 200A judgment which has been obtained by way of fraud / misrepresentation / coercion is not Res Judicata:• (2015) 11 SCC 355 (writ Case)Writs and Res Judicata:• (1962) 1 SCR 574• (2019) 13 SCC 42• (2014) 6 SCC 351• (2014) 4 SCC 434Principle of Res Judicata under Criminal Law:• (2017) 8 SCC 1Res Judicata and O. II, R. 2, Code of Civil Procedure, 1908:• (2013) 1 SCC 625In Limine dismissal of an SLP would bar any subsequent SLPs:• (2014) 7 SCC 701Constructive Res Judicata:• (2014) 11 SCC 744Res Judicata and Arbitrations• (1989) 4 SCC 595• (2019) 5 SCC 302• (2011) 3 SCC 507• (2015) 10 SCC 213Order passed in the interlocutory stage be Res Judicata if it has the effect of terminating the proceedings:• (1960) 2 SCR 590Liberty given to pursue other remedies in earlier case does not bar the application of Res Judicata:• Asgar and Ors. V. Mohan Verma and Ors.2019 SCC OnLine SC 131Relief claimed not expressly granted is deemed to have been refused by the Court (See Exp. 5 of S. 11):• Yashwant Sinha and Ors. V. CBI(2020) 2 SCC 338Service Law – Common judgment in 85 cases, appeals filed only in 10 cases, No Res Judicata in respect of matters not challenged:• Anupal Singh v. State(2020) 2 SCC 173However, if batch of suits between same parties are decided and challenge is made against only in one suit, the finding in respect of other suits in the common judgment operate as Res judicata2015(3) SCC 624 Sri Gangai Vinayagar Vs Meenakshi AmmalRes Judicata and precedents:• State of Rajasthan v. Nemi Chand Mahela(2019) 14 SCC 179Res Judicata – mixed question of fact and law-so pleadings and proof essential• (1976) 4 SCC 780• (2004) 7 SCC 591• (2008) 14 SCC 58Principles of Res Judicata1962(1)SCR 574 Daryao Vs State2014(12) SCC 696 State of TN Vs State of KeralaOn Explanation V2020(2) SCC 338 Yashwant Sinha Vs CBIService Law writs2020(2 ) SCC 173Anupal Singh Vs State
23 FIR quashedGLIMPSE OF A LATEST VERDICT* *W.P. 3574/2018* V. Anbazhagan Vs. The State Rep. by the Inspector of Police Dated: 05.07.2021 *Hon’ble Justice M. Dhandapani* allowed all the Criminal Original Petitions and closed the Writ Petition as nothing survives in the July 29, 2021 by Sekar Reporter · Published July 29, 2021
GuestLecturers. The entire batch came before the Hon’ble Mr. Justice. G. Ilanthirayan J and some of the Writ Petitions were represented by Senior Advocate Mr.G. Sankaran and Some Writ Petitions were Represented by Advocate Mrs. Selvi George and Some Writ Petitions were Represented by Advocate Mr. E. Martin Jayakumar, the Government filled the counter and contested the case. After hearing his Lordship was pleased to allowed the Writ Petitions by setting aside the G.O.Ms.No. 247 & 248 and consequently direct the Government to continue the selection process for 1146 posts from which it was stopped pursuant to G.O.Ms.No.56 dated 21.03.2020. April 6, 2024 by Sekar Reporter · Published April 6, 2024
Justices M. Duraiswamy and T. Ravindran asked the Centre and the State government to file counters to the petition filed by advocate S. Louis of Madurai, who sought a direction to restrain the State from conducting public examinations for classes V and VIII January 31, 2020 by Sekar Reporter · Published January 31, 2020