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" No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under... "
Acts of the Legislature in Force in the Presidency of Bombay ... - Página 25
por Bombay (India : State) - 1888
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The New Procedure of the Civil Courts of British India, Not Established by ...

William Macpherson - 1860 - 592 páginas
...on a cause of action which shall have been heard and determined by a court of competent jurisdiction in a former suit between the same parties, or between parties under whom they claim." But it often requires the most » The Code ia based (but with 1 of the Indian Law Commission,...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1862 - 776 páginas
...on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties, or between parties under whom they claim, f But Judgments, whether Home or Foreign, have been divided into two classes, — Judgments...
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Madras High Court Reports: Reports of Cases Decided in the High ..., Volumen1

1864 - 578 páginas
...on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim." apparently treating the agreement of the 5th July 1854° as a ^ razinama upon .which the cause...
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Reports of Cases Heard and Determined by the Judicial Committee and the ...

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1867 - 680 páginas
...Such cause of action has not been " heard and determined by a Court of competent jurisdiction in any former suit between the same parties, or between parties under whom they claim." This is the language of that section of the Act, which the Court below has held thus defines...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volumen11

Louis Arthur Goodeve - 1873 - 652 páginas
...on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim." The first question that occurs to their Lordships upon that section is, what is meant by the...
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The Code of Civil Procedure

Hoffmann (Professor) - 1871 - 352 páginas
...on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties, or between parties under whom they claim." s.2. [Note. — The extent to which the plea of res judicata will prevail, was laid down by...
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The Indian Codes: Comprising ...

1872 - 528 páginas
...on a cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim. 3. REVISION OF JUDGMENTS OF THE CIVIL COURTS. — The judgments of the Civil Courts shall not...
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Bombay High Court Reports: Reports of Cases Decided in the High ..., Volumen8

Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 776 páginas
...cause of action •which shall have been heard and determined by a court of competent jurisdiction in a former suit between the same parties, or between parties under whom they claim." Sec. xxn., cl. 4, of the Code shows clearly that the "cause of action in the former suit was...
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The Bengal Law Reports of Decisions of the High Court at Fort William Civil ...

1873 - 642 páginas
...cause of action which shall have been heard and determined by a Court of competent jurisdiction iu a former suit between the same parties or between parties under whom they claim." The first question that occurs to their Lordships upon that section is, what is meant by the...
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A Digest of Civil Procedure Prevalent in British India, Volumen1

George Edward Knox - 1877 - 636 páginas
...substantially in issue has been heard and finally *SB. IS— 20. decided by a Court of competent jurisdiction,* in a former suit between the same parties, or between...any of them claim, litigating under the same title. Explanation 1. — The matter above referred to must in the former suit have been alleged by one party,...
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