LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, September 4, 2010

RES-JUDICATE AND RES-SUB-JUDIE

EXAMPLES :- 1.PENDING OF CRIMINAL PROCEEDINGS AND DEPARTMENTAL PROCEEDINGS , WHILE PENDING THE CIVIL SUIT ,DOES NOT ATTRACT THE SEC.10 AND SO SEC.10 NOT APPLICABLE=2009[4] A. L. T.800. 2 FIRST SUIT FILED BASING ON WILL AND APPEAL IS PENDING.ANOTHER SUIT FILED BASING ON THE GIFT.THE LOWER COURT DISMISS THE STAY PETITION AS THE CAUSE OF ACTION AROSE ON DIFFERENT DATES-IS ALONE NOT CRITERIA .OTHER INGREDIENTS ALSO ARE TO BE CONSIDERED.SO SEC.10 APPLY S AS THE SUBJECT-MATTER IS ONE AND THE SAME AND PARTIES ARE ONE AND THE SAME-2009[5] A LT 718. [APPEAL-SUIT]. 3. A WRONG DECISION BY MISTAKE ON THE POINT OF JURISDICTION OF THE COURT DOES NOT OPERATE AS RESJUDICATA FOR BATCH OF CASES PENDING AS IT IS PURELY ON THE QUESTION OF LAW DECIDED NOT ON THE SOUND PRINCIPLES OF LAW-PAYMENT OF WAGES ACT- 2009[5] A L T 260 4. JUDGEMENT IN RENT CONTROL COURT AND EX PART INJUNCTION SUIT JUDGEMENT NOT OPERATE AS RESJUDICATA AS THE RENT CONTROL COURT HAS NO JURISDICTION TO DECIDE THE TITLE AND THE EX PARTE INJUNCTION JUDGEMENT IS NOT ON MERITS AND AS SUCH THE SUIT FOR REDEMPTION OF MORTGAGE PROPERTY IS MAINTAINABLE-2009 [5] A L T 584.