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Showing posts from August, 2019
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Bigamy By Government Servant Is Misconduct : Karnataka HC

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In suit for permanent injunction appointment of advocate commissioner not maintainable

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In the suit for injunction, the Advocate Commissioner need not be appointed

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Appointment of Advocate Commissioner is not at all warranted in a suit for bare injunction especially, the same cannot be allowed at the appeal stage

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appointment of an Advocate Commissioner in a suit for bare injunction was rightly dismissed by the trial Court

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Appointment of Advocate Commissioner at Appellate stage Suit for bare injunction dismissed by Trial Court

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principles of res judicata can be invoked not only in separate subsequent proceedings, they also get attracted in subsequent stage of the same proceedings

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During pendency of appeal second application seeking same relief was filed on same set of facts forming subject matter of first application Not maintainable being hit by principles of res judicata.

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Even orders in interlocutory matters during pendency of certain proceedings can be res judicata between the parties

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It is fairly settled that the principle of res judicata can be invoked even in the interlocutory proceedings arising out of the same suit.

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second application for appointment of advocate commissioner absolutely maintainable before the appellate Court 

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