Supreme Court of India
Canara Bank v. N. G. Subbaraya Setty & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the trademark cannot be said to be property which has come into the possession of the bank in satisfaction or part satisfaction of any of the claims of the bank.
Judgment, page 42
From the headnote
Code of Civil Procedure, 1908 –s.11 – Res judicata – General rule and its exceptions – Erroneous decision given on a statutory prohibition in former suit – Statutory prohibition not given effect to – Plea of res judicata in subsequent suit – Held: An i ssue of law which arises between the same parties in a subseque nt suit or proceeding is not res judicata if, by an erroneous decision give n on a statutory prohibition in the former suit or proceeding, the sta tutory prohibition is not given effect to – On facts, respondent in order to repay dues of the bank, signed assignment deed with Bank
Authorities it was built on
- 1977 V. Tulasamma & Ors. v. V. Sesha Reddi (dead) by L.rs.
- 1951 Ramnandan Prasad Narayan Singh v. Mahanth Kapildeo Ram Jee and Another
- 1981 Natraj Studios (p) Ltd. v. Navrang Studios & Anr.
- 1970 Mathura Prasad Bajoo Jaiswal & Ors. v. Dossibai N. B. Jeejeebhoy
- 1996 Allahabad Development Authority v. Nasiruzzaman and Ors.
- 1966 Sheodan Singh v. Smt. Daryao Kunwar
- 1961 Daryao and Others v. The State of U. P. and Others
- 1989 Sushil Kumar Metha v. Gobind Ram Bohra
- 1952 Mohanlal Goenka v. Benoy Krishna Mukherjee and Others
- 2006 Midnapore Peoples' Co-op. Bank Ltd. and Ors. v. Chunilal Nanda and Ors.
- 2003 Smt. V. Rajeshwari v. T.C. Saravanabava
- 1995 Nano Kishore v. State of Punjab
- 1990 Smt. Isabella Johnson v. M.A. Susai
- 1963 Moti Ram Deka Etc. v. General Manager, N.E.F. Railways, Maligaon, Pandu, Etc.
- 1964 Gurdev Singh Sidhu v. State of Punjab and Anr.
- 2009 Rani Aloka Dudhoria and Others v. Goutam Dudhoria and Others
- 2015 Edara Haribabu v. Tulluri Venkata Narasimham & Ors.
Where later benches applied it
- 2019 Kantaru Rajeevaru v. Indian Young Lawyers Association Thr. its General Secretary and Ors.
- 2026 M/s Eminent Colonizers Private Limited v. Rajasthan Housing Board
- 2020 Indore Development Authority v. Manoharlal & Ors. Etc.
Of those, 1 relied on · 2 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.