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    <title>1884 (8) TMI 1 - HIGH COURT OF BOMBAY</title>
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    <description>A decision made by a court of small pecuniary jurisdiction in a petty cause did not operate as res judicata in a later suit between the same parties. The court reasoned that, for res judicata, the earlier determination must have been made by a tribunal competent to decide the issue with conclusive effect in the full procedural chain, up to the highest ordinary tribunal. An unappealable finding in a minor or summary proceeding cannot bind later litigation in a larger suit, because it would give finality beyond the limited scope of the earlier proceeding. The prior judgment was therefore not binding, the decree was set aside, and the matter was remitted for retrial on the merits.</description>
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    <pubDate>Tue, 12 Aug 1884 00:00:00 +0521</pubDate>
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      <title>1884 (8) TMI 1 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=292821</link>
      <description>A decision made by a court of small pecuniary jurisdiction in a petty cause did not operate as res judicata in a later suit between the same parties. The court reasoned that, for res judicata, the earlier determination must have been made by a tribunal competent to decide the issue with conclusive effect in the full procedural chain, up to the highest ordinary tribunal. An unappealable finding in a minor or summary proceeding cannot bind later litigation in a larger suit, because it would give finality beyond the limited scope of the earlier proceeding. The prior judgment was therefore not binding, the decree was set aside, and the matter was remitted for retrial on the merits.</description>
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      <pubDate>Tue, 12 Aug 1884 00:00:00 +0521</pubDate>
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