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august 1996

Supreme Court of India · 1996-08-16

COMMNR. OF INCOME TAX, BOMBAY vs T.P. KUMARAN

Citation / case number
SC 1995/3265
Court
Supreme Court of India
Petitioner
COMMNR. OF INCOME TAX, BOMBAY
Respondent
T.P. KUMARAN
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the claim for interest on arrears of salary is barred by constructive res judicata under Section 11, Explanation IV of the CPC, as the respondent could have claimed interest in the earlier suit but did not. The Court emphasized that Order 2, Rule 2 of the CPC prohibits seeking separate remedies for claims that could have been made in a previous suit. Consequently, the order of the Central Administrative Tribunal directing payment of interest was set aside, and the appeal was allowed.

COMMNR. OF INCOME TAX, BOMBAY vs T.P. KUMARAN · Niyam