Doctrinally - Judgment Search Results

Salvadore C. Pinto Vs. the State of Mysore

Court: Karnataka

Reported in: AIR1959Kant144; AIR1959Mys144; 1959CriLJ750; ILR1958KAR225; (1958)36MysLJ473

..... gowda jj res judicata held section 11 is not exhaustive of res judicata application of doctrine is not restricted to c p c but extends to all litigations including industrial cases ..... 11 is to be read in harmony with explanation 8 doctrine is founded on consideration of high public policy and said doctrine applies also between two stages in same litigation the prosecution .....

Esthuri Aswathaiah Vs. Income-tax Officer, Kolar Circle

Court: Karnataka

Reported in: [1959]37ITR518(KAR); [1959]37ITR518(Karn)

..... does not permit a person to both approbate and reprobate which principle is based on doctrine of election indian contract act 9 of 1872 section 10 s r bannurmath a n ..... does not permit a person to both approbate and reprobate which principle is based on doctrine of election this in our opinion he has failed to do

Ka Ron Lanong Vs. the State of Assam

Court: Guwahati

..... what circumstances the contract stands discharged by subsequent events is really the subject matter of doctrine of frustration there may be events subsequent to the contract which render the attainment of ..... which will have to be considered on different principles but the essential element of the doctrine of frustration is that on account of certain supervening events the contract stands discharged .....

S. Framji Vs. Union of India Represented by General Manager, Western R ...

Court: Mumbai

Reported in: (1958)60BOMLR1302; (1959)ILLJ107Bom

..... conditions but if we take the narrower view of this doctrine of a civil servant holding office during the pleasure of ..... master and the servant and therefore really without deciding the broader doctrine of a civil servant holding office during the pleasure of ..... constitution the privy council also rejects in its judgment the limited doctrine of service being held at pleasure this is what their .....

Bishan Singh and ors. Vs. Khazan Singh and anr.

Court: Supreme Court of India

Reported in: AIR1958SC838; [1959]1SCR878

..... in place of the original vendees pendente lite are hit by the doctrine of lis pendens and therefore they cannot claim higher rights than ..... for the respondents contends that the appellants are hit by the doctrine of lis pendens and therefore the act of substitution which was ..... it took place 21 the allahabad high court has applied the doctrine of lis pendens to a suit for pre emption ignoring the .....

Govindarajulu Naidu and ors. Vs. S.S. Naidu Alias Soundararajulu Naidu

Court: Chennai

Reported in: (1958)2MLJ148

..... void 4 the contesting defendants though they laid a foundation for the contention that the doctrine of unjust enrichment would apply to this case put in the forefront three contentions which ..... and received keener then on the principle of implied contract woodward and finally on the doctrine of restitution restatement itself these developments can be followed in keener on quasi contracts 1893 .....

Pranballav Saha and anr. Vs. Sm. Tulsibala Dassi and anr.

Court: Kolkata

Reported in: AIR1958Cal713,63CWN258

..... party who did not participate in the immorality application of the doctrine of in pari delicto or in particeps criminis to the case ..... also drew a significant distinction for not applying the much misused doctrine of pari delicto on the ground of the plaintiff s ..... its unlawful object that is quite consistent with the well established doctrine of law already referred to with great humility and respect .....

Kernan Vs. American Dredging Co.

Court: US Supreme Court

..... act expressly provides for seamen the cause of action and consequently the entire judicially developed doctrine of liability granted to railroad workers by the fela the deceased seaman here was in ..... and expressly provides for seamen the cause of action and consequently the entire judicially developed doctrine of liability granted to railroad workers by the fela the court thus reads these decisions .....

Ramesh Chandra Das Vs. Atul Chandra Sarkar

Court: Guwahati

..... neither having any equitable principle nor on the basis of the doctrine of part performance the facts of that case were entirely different ..... the defendant s claim was not justified on the grounds of doctrine of part performance and also on the equitable principles it was ..... held by their lordships of the privy council that the doctrine of part performance was not applicable to india and that the .....

Fmb Vs. Isbrandtsen Co., Inc.

Court: US Supreme Court

..... courts jurisdiction in situations like those in the cunard and far east conference cases the doctrine of primary jurisdiction was not devised for the purposeless delay of giving the same ..... the exercise of administrative discretion or the need of uniform application of specialized competence the doctrine of primary jurisdiction has no function because there is no occasion to refer a matter .....