Navigating “Twilight Issues” in International Arbitration: Professor George A. Bermann at the ICDR India Conference
This report summarizes the insights from the Keynote Address delivered by Professor George A. Bermann at the ICDR India Conference.
res judicata
NRJ Series | Previous decisions operate as judicial precedents while interpreting exact same documents; not necessary to examine operation of res judicata [(1954) 1 SCC 347]
This report covers the Supreme Court’s Never Reported Judgment, on judicial precedents and res judicata, dating back to the year 1954.
2024 SCC Vol. 7 Part 3
Constitution of India — Arts. 141 and 142 — What is binding — “Law declared by Supreme Court” — Doctrine of merger
‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung
“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”
‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application
Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.
How to distinguish between application of a decision as res judicata and precedent? Supreme Court elucidates
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.
Taking recourse to ‘law’ would not amount ‘cruelty’; Delhi High Court dismisses petition of dissolution of marriage on account of cruelty
In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.
Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates
The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
Appeal on concurrent jurisdiction stands dismissed, as it fails to comply the test of Section 10 of CPC: Himachal Pradesh HC
If plaint filed in different courts are read juxtaposing each other it cannot be concluded that similar and identical issues are involved in both the cases.
Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions
The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.
[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud
The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.
Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act
Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.
Chhattisgarh High Court remands suit back to the Trial Court; Observes suit is not barred by Res Judicata and must be decided on merits
Chhattisgarh High Court: In an appeal against the decision of Trial Court of dismissing the suit mainly on the ground that the
[Res-Judicata] Kar HC | Even if some similarly situated persons have been granted benefit inadvertently or by mistake, the same does not confer any legal right to claim similar relief
Karnataka High Court: A Division Bench of Alok Aradhe and J M Khazi, JJ. dismissed the appeal and quashed the impugned judgment
HP HC | The findings in a proceeding under S. 125 CrPC cannot be binding on matrimonial Court while dealing with an application for divorce on the ground of res judicata
Himachal Pradesh High Court: Tarlok Singh Chauhan, J. remarked “there has been no matrimonial relationship between the parties for the last nearly
If an advertisement regarding scholarship was published in Urdu language, can it be presumed that it was targeted at students belonging to a particular community only? Del HC addresses
Delhi High Court: The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., expressed that just because the scholarship advertisement was published
Disinvesting of Hindustan Zinc Ltd.; SC smells irregularities in bidding process, directs full-fledged CBI enquiry in the matter
“There is a trend of poorly pleaded public interest litigations being filed instantly following a disclosure in the media, with a conscious intention to obtain a dismissal from the Court and preclude genuine litigants from approaching the Court in public interest.”
‘Half a century old litigation, we wish it is the knock out round!’ SC holds objections can’t be raised in instalments; Res judicata applicable on execution proceedings
“…the case on hand is fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”
Explained| Res judicata: Question of fact or law or mixed question of law and fact? Can it be decided as a preliminary issue?
Supreme Court: In an important ruling on Res Judicata, the 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and Hima Kohli, JJ