Court : Supreme Court of India
Reported in : AIR2005SC4004; 2005(4)ALT51(SC); 2005(3)AWC2677(SC); (SCSuppl)2005(4)CHN102; 2005(4)CTC20; [2005(3)JCR203(SC)]; JT2005(6)SC333; (2005)4MLJ1(SC); (2005)6SCC202
..... alternatively, it is argued that doctrine of constructive res judicata in accordance with explanation iv to section 11 of the civil procedure code clearly barred the subsequent suit filed by the purchaser from muthuswami. ..... in any case, the doctrine of constructive res judicata applies under explanation iv to section 11 of the code of civil procedure to the present case.25. ..... against the present appellant claiming ownership of the suit house under the settlement of the year 1971 in panchayat and the consequent judgment and decree passed inter se between her and her husband muthuswami in civil suit os no. ..... on the basis of his purchase, the present appellant instituted civil suit os no. ..... muthuswami naidu as the mortgagor under mortgage deed dated 3.12.1974 and chinnaswamy as the mortgagee jointly filed civil suit as os no. ..... 843/74 decided on 28.2.1976 operates as res judicata under section 11 of the code of civil procedure. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1525; (1975)2SCC361; [1975]3SCR709
..... there can be no doubt that if the 3rd respondent was of the view that the compromise was unlawful and the consent decree was on that account void, he should have taken appropriate proceedings in the civil court and got the consent decree declared void before making an application to the district magistrate under section 7a, or at the least, disclosed the fact of the consent decree to the district magistrate in his application ..... ask himself: 'why should i exercise my discretion in favour of a person who has himself conceded in the consent decree obtained from the civil court that the order of allotment in his favour is invalid and he has no objection to landlord occupying the accommodation ? ..... of 1962 was filed by the appellant against the 3rd respondent in the court of the first civil judge, kanpur challenging the validity of the order of allotment made by the district magistrate in favour ..... which he owes to the authority and this obligation is imposed by law in the larger interests of administration of justice so that justice, whether dispensed by civil court or by administrative authority, remains pure and unsullied. ..... 132/1962 in the court of first civil judge at kanpur challenging the allotment order of the additional district magistrate and the rent controller implementing the third respondent as ..... the learned civil judge, presumably on the view that the compromise between the parties was lawful, passed a decree in terms of the compromise on 11th october, 1962 under order xxiii .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1990)92BOMLR228; JT1990(3)SC68; 1990(1)SCALE279; (1990)2SCC42; [1990]1SCR172
..... 19a of 1955 on 4.8.1955 in the court of civil judge, class i, nagpur, against respondent ratanlal as defendant no. ..... the petitioners then preferred a civil revision in the high court which has been dismissed by the order dated 10.8.1989. ..... 1699 of 1980 in the court of civil judge, senior division, nagpur, was filed by respondent ratanlal against the petitioners who are the legal representatives of the aforesaid motilal assailing the above consent decree after taking the entire benefit thereunder. ..... 19a of 1955 by the civil judge, senior division, nagpur, is a nullity; that the partnership under the partnership-deed dated 31.12.1953 between the said ratanlal and motilal continues to subsist; that ratanlal is entitled to possession of the said goyal talkies; ..... the reliefs claimed in this suit are for a declaration that the aforesaid final decree dated 16.11.1959 passed on the basis of the order dated 5.3.1956 in civil suit no. ..... thereafter, civil suit no. ..... some disputes having arisen between the parties, the said motilal together with his wife and children filed civil suit no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1502; 1974LabIC1001; (1975)3SCC162; [1974]3SCR857
..... the high court observed 'we are satisfied on reading these affidavits that there was sufficient cause for rehearing the special civil application', but on perusal of the affidavit in reply and hearing counsel for the state rejected the said petition ..... thirdly, that the high court should not have allowed the application under order 1, rule 8, civil procedure code, and should have insisted upon personal service of the rule nisi on the affected petitioners in a service matter of such implications.11. ..... 'being the state of maharashtra and the director of agriculture, maharashtra and the remaining three respondents were the three agricultural officers impleaded in a representative capacity by leave of the high court under order 1, rule 8, civil procedure code. ..... further direct that respondents 1 to 19 shall take steps in the high court to implead the central government as well as the present appellants and all other officers affected by the orders sought to be quashed in the special civil application no. ..... therefore, going into the various points raised before us, we set aside the impugned judgment and order of the bombay high court of 9th december, 1971 and direct restoration of the special civil application no. ..... is not necessary for us to go into these questions in view of the high court's order of december 24, 1971, in civil application no. ..... appeal by special leave is directed against the judgment of the high court of bombay of 9th december, 1971, in special civil application (s.c.a.) no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2696; 2003(4)AWC2975(SC); 2003(3)BLJR2417; 96(2003)CLT568(SC); [2003]117CompCas206(SC); (2003)4CompLJ385(SC); 2003(3)CTC184; 2003(2)JKJ421[SC]; RLW2003(4)SC472; 20
..... application filed by the first respondent herein by an order dated 18.3.1993 directed that the inquiry by the district magistrate should be deferred if an application is filed before him till the final outcome of the civil litigations by the parties.13 late dwarka prasad agarwal, alleging his alleged illegal dispossession from the printing press, filed a suit for eviction and permanent injunction in the court of a.d.j. ..... is impliedly barred.where a person objects to the election of directors and claims a decree for a declaration that he was one of the directors, there is no provision which bars the civil court either expressly or by implication from trying such a suit'in the present suit also, besides other reliefs, the plaintiff has sought a declaration that all the 27 members of the existing ..... with law; it does not stand to any reason as to why a party to the lis was given such liberty so as to file an application for stay of inquiry by the district magistrate till the disposal of the civil suit particularly when the high court itself was of the opinion that the suit was not maintainable. ..... the delhi high court held:'under section 9 of the code of civil procedure, 1908, civil courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is expressly or impliedly barred. ..... of injunction in terms of order 39, rules 1 and 2 of the code of civil procedure was filed wherein a prayer was made for grant of temporary injunction against respondent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2686; 2003(5)ALD14(SC); 2003(3)ALLMR(SC)1158; [2003]117CompCas1(SC); RLW2003(3)SC451; 2003(5)SCALE138; (2003)6SCC230
..... for the purpose of granting permission even for withdrawal of suit in terms of order 23, rule 1 of the code of civil procedure, the civil courts themselves were required to apply their mind as to whether having regard to the dispute between the parties, a case therefore has been made out ..... enlargement of the power of the court recording compromise in view of the code of civil procedure (amendment) act, 1976, the responsibility and duty of the court also has increased ..... in any event the applicability of the provisions of the code of civil procedure, if any, would be only with regard to the procedural and machinery provisions contained therein but thereby no new right could ..... and all orders passed by the statutory authorities and the civil courts as referred to hereinbefore shall also stand quashed. ..... even if the provisions of order 23, rule 3 of the code of civil procedure and/or principles analogous thereto are held to be applicable in a writ proceeding, the court cannot be permitted to record a purported compromise in a ..... the writ court would be entrenching upon the jurisdiction of the civil court indirectly which it could not do directly. ..... by reason of order 23, rule 3 of the code of civil procedure, a party can challenge the legality of the compromise only before the same court and in that view of the matter the court was enjoined with a solemn duty to decide such controversy in ..... in terms of section 141 of the code of civil procedure, the provisions thereof are not applicable in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5
..... that the party cannot file the appeal in the appellate court (high court) immediately for obtaining interim orders.in addition to the process for normal service as per the code of civil procedure, advance notice should simultaneously be given by the counsel for the party who is proposing to file the appeal, to the counsel for the opposite party in the trial court ..... with the permission of the parties or with the consent of the mediator.rule 22 : immunity :no mediator shall be held liable for anything bona fide done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit to appear in a court of law to testify in regard to information received by him or action taken by him or in respect of drafts ..... and shall thereafter interact with the other mediators, with a view to resolving the disputes.rule 12 : mediator not bound by evidence act, 1872 or code of civil procedure, 1908:the mediator shall not be bound by the code of civil procedure 1908 or the evidence act, 1872, but shall be guided by principles of fairness and justice, have regard to the rights and obligations of the parties ..... the rules framed under the family courts act, (66 of 1984).part iicivil procedure mediation rulesrule 1 : title :these rules in part ii shall be called the civil procedure mediation rules, 2003.rule 2 : appointment of mediator:(a) parties to a suit may all agree on the name of the sole mediator for mediating between them. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3575; 2005(3)AWC3048(SC); 2005(3)BLJR2244; (SCSuppl)2005(4)CHN139; 100(2005)CLT542(SC); 2005(4)CTC30; (2006)1GLR246; [2005(4)JCR90(SC)]; JT2005(10)SC304; 2005(3)KL
..... powers of lok adalats - (1) the lok adalat shall, for the purposes of holding any determination under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely :(a) the summoning and enforcing the attendance of any witness and examining him on oath;(b) the discovery and production of any ..... 193, 219 and 228 of the indian penal code (45 of 1860) and every lok adalat shall be deemed to be a civil court for the purpose of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2) of 1974).unreported judgements 2004 ..... the lok adalat is an order by the lok adalat under the consent of the parties, and it shall be deemed to be a decree of the civil court, therefore an appeal shall not lie from the award of the lok adalat as under section 96 c.p.c.18. ..... the award by the lok adalat is binding on the parties and it has the status of a decree of a civil court and it is non-appealable which does not causes the delay in the settlement of disputes finally.in view of above facilities provided by the 'act' lok adalats are boon to the litigating ..... further stated that 'it may incidentally be further seen that even the code of civil procedure does not provide for an appeal under section 96 against a consent ..... lok adalat passes an award, and every such award shall be deemed to be a decree of civil court or as the case may be which is final.award of lok adalat shall be final .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1; (1970)72BOMLR179; 1970MPLJ127(SC); (1969)2SCC74; [1970]1SCR322
..... with the order of the appellate court in proceedings under the bombay rents, hotel and lodging house rates control act, 1947, hereinafter called the 'act', when a petition for revision under section 115, civil procedure code, against the same order had been previously dismissed by a single judge of that court.2. the appellant is the owner of a house in poona ..... . to the government of orissa [1962] 3 supp.s.c.r.906 was not one which had been decided under section 115 of the civil procedure code but the ratio of that decision is apposite ..... . now as is well known section 115 of the civil procedure code empowers the high court to call for the record of any case which has been decided by any court subordinate to it and in which no appeal lies to it ..... . after an exhaustive examination of the case law including the decisions of the privy council mentioned above the full bench expressed the view that article 182(2) applied to civil revisions as well and not only to appeals in the narrow sense of that term as used in the civil procedure code ..... . an appeal is a process of civil law origin and removes a cause, entirely subjecting the fact as well as the law, to a review and a retrial ..... . 53 i.a.74 a civil revision petition was considered to be an appropriate form of appeal from the judgment in a suit of small causes nature .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2251; 1992(2)BLJR747; JT1991(4)SC43; 1991(2)SCALE611; (1991)4SCC379; [1991]Supp1SCR119a; 1991(2)LC730(SC)
..... so far the question of executability of a decree is concerned, the civil procedure code contains elaborate and exhaustive provisions for dealing with it in all its aspects. ..... the remedy provided under article 226 is not intended to supersede the modes of obtaining relief before a civil court or to deny defences legitimately open in such actions. ..... the remedy under the civil procedure code is of superior judicial quality than what is generally available under other statutes, and the judge being entrusted exclusively with administration of justice, is expected to do better. ..... high court, in the present case, therefore, ought not to have embarked upon a decision of the writ petition on merits, and should have refused to exercise its special jurisdiction on the ground of alternative remedy before the civil court.9. ..... in an exceptional case, where provisions are rendered incapable of giving relief to an aggrieved party in adequate measure and appropriate time, the answer is a regular suit in the civil court. ..... in the circumstances, the court ought to have refused to dispose of the writ petition on merits, leaving the writ petitioners to avail of the remedy before the civil court. .....
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