https://www.taxtmi.com/caselaws?id=101460 Res judicata under section 11 CPC applies only when the earlier proceeding involved the same parties and subject-matter, was finally decided, and was determined by a forum of competent jurisdiction. Earlier Company Law Board proceedings under sections 408 and 409 of the Companies Act did not finally decide the right claimed in the suit, because part of the matter was held not maintainable, part was not substantiated, and an inspector was appointed to investigate. The suit also sought relief distinct from those earlier proceedings. The bar of res judicata therefore did not operate, and the section 11 application failed. en-us Thu, 11 Dec 1986 00:00:00 +0530 Thu, 09 Feb 2012 17:58:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101460 Res judicata under section 11 CPC applies only when the earlier proceeding involved the same parties and subject-matter, was finally decided, and was determined by a forum of competent jurisdiction. Earlier Company Law Board proceedings under sections 408 and 409 of the Companies Act did not finally decide the right claimed in the suit, because part of the matter was held not maintainable, part was not substantiated, and an inspector was appointed to investigate. The suit also sought relief distinct from those earlier proceedings. The bar of res judicata therefore did not operate, and the section 11 application failed. Case-Laws Companies Law Thu, 11 Dec 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101460