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State of U.P. v. Nawab Hussain (AIR 1977 SC 1680)

State of U.P. v. Nawab Hussain (AIR 1977 SC 1680 Section 11, Explanation IV- Constructive Res-judicata Facts: In this case, the petitioner was dismissed from service. He filed a writ petition on the ground of denial of opportunity of being heard and that the action taken against him was mala fide. After that dismissal of petition he filed …

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Iftikar Ahmed v. Syed Meharban Ali, (AIR 1977 SC 749)

Iftikar Ahmed v. Syed Meharban Ali, AIR 1977 SC 749 Section 11 – Res judicata between Co-defendants. Facts: There was conflict of interest among co- plaintiffs. In the previous suit, Ishtaq Ahmed, K. Fatima, M. Ali (Co-plaintiffs) instituted a suit against the mortgagee, relating to shares of the latter two in mortgaged properties.in that suit it …

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Indian Bank v. Maharashtra State Co-operative Marketing Fed. Ltd. (AIR 1998 SC 1952) – CPC

Indian Bank v. Maharashtra State Co-operative Marketing Fed. Ltd. (AIR 1998 SC 1952) Facts: Bank filed Summary Suit in the Bombay High Court under Order 37 of the Code against the Federation for obtaining a decree for Rs. 4,96,59,160 alleging that the said amount has become recoverable under a Letter of Credit. The Bank took out …

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Gundaji Satwaji Shinde v. Ramachandra Bhikaji Joshi (AIR 1979 SC 653) – CPC

(AIR 1979SC 653) (AIR 1979SC 653) Gundaji Satwaji Shinde v. Ramachandra Bhikaji Joshi (AIR 1979 SC 653) Facts: Plaintiff sued for specific performance of a contract for sale of agricultural land in the civil court and defendant appeared and raised a contention in Sec 63 of the Tenancy Act the plaintiff being not an agriculturist, he is …

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Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815 – Limitation Act

K. RAMASWAMY, J. –  Though the respondent was served on July 29, 1991, he neither appeared in person, nor through counsel. The facts set out in the complaint eloquently manifest on its face a clear abuse of the process of the court to harass the appellants. The respondent, an Advocate and Standing Counsel for the …

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