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Showing posts with label issue. Show all posts
Showing posts with label issue. Show all posts
Tuesday, 8 September 2020

Whether a defendant can challenge finding given by the court on the issue raised by him in his written statement?

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Mainly, it is contended by Sri Vikas Singh, learned senior Counsel for the Appellant-Defendant, that the Trial Court and the First Appella...
Sunday, 5 August 2018

Whether decision given on any issue will operate as res judicata if finding was given on issue without pleading and evidence?

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Secondly, the issue relating to ownership of the present Petitioners over the strip of land was not "directly and substantially in iss...

Whether incidental finding given to issue relating to ownership will be res judicata in subsequent suit?

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 In such situation, as the Appellate Court has committed an error in framing the issue relating to the ownership of the Respondents therei...

Whether arbitration award can be challenged if issue decided by arbitrator is bad in law?

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It is a well-settled principle in Arbitration Law that the award of an Arbitral Tribunal once passed is binding on the parties. The reas...
Saturday, 16 June 2018

Whether court can record finding on a issue which is framed beyond pleading?

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 In our considered opinion, the aforesaid finding of the High Court is wholly illegal and unsustainable in law besides being against the ...
Wednesday, 1 November 2017

Whether a party to appeal can give up an issue which is not the subject matter of lis before Appellate Court?

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As rightly urged by the learned counsel for the applicant, the question before this Court was whether the applicant was entitled to claim ...
Saturday, 25 June 2016

Whether writ petition will be barred by res judicata if issues are not same?

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The submission of the learned counsel appearing for the respondent-State that the writ petition is barred by res judicata is also not sus...
Sunday, 7 June 2015

Whether plea of limitation can be decided as per principle of law divorced from facts?

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Mr. Nariman, learned senior counsel appearing for the appellant put heavy reliance on the decision in the case of Ramesh B. Desai vs. Bi...
Friday, 29 May 2015

Whether doctrine of Res judicata is applicable if raising of that issue in previous suit was discretionary?

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Equivalent Citation:  AIR1961Bom97, 1960(62)BOMLR360, ILR1960 Bom 493 IN THE HIGH COURT OF BOMBAY AT NAGPUR Letters Patent Appeal No....
Monday, 9 March 2015

When trial Court has jurisdiction to go into all the issues after remand of case?

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 The above noted grievance of the petitioner, as it appears, is on a misconception and understanding the scope of the remand order. When t...
Monday, 14 April 2014

Whether Correction in judgment if it changes very foundation of issues is permissible?

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  We do not agree that the learned Single Judge  was  merely  correcting an accidental omission or typographical error.   By correcting t...