Code of Civil Procedure is nothing but an exhaustive compilation- cum-enumeration of the principles of natural justice with reference to a proceeding in a court of law. The entire object…
Introduction An independent judiciary is necessary for a making a democracy successful. Judiciary is considered as guardian of constitution. Under article 13 it has been conferred the power of judicial…
Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…
Order 2 Rules 1 and 2of the Code for ready reference: “1. Frame of suit: Every suit shall as far as practicable be framed so as to afford ground for…
Section 11 of the Code of Civil Procedure which enacts the general rule of res judicata, insofar as it is relevant, provides: “No Court shall try any suit or issue…
Devi Lal Modi Proprietor MS v. Sales Tax Officer Ratlam (1964) The doctrine of res judicata is a wholesome one which is applicable not merely to matters governed by the…
In the case of ‘Daryao v. state of UP (1962)’, an important question arose before the court whether res judicata applicable in writ petitions. In this case, six petitions came…
Position in England In England, the Court of Appeal has imposed upon its power of review of earlier precedents a limitation, subject to certain exceptions. The limitation thus accepted is…
Section 377 of the CrPC has been enacted giving a special remedy by way of appeal for enhancement of sentence, and such a remedy by way of appeal is available…
In the case of ‘Dr. Vijya Manohar Arbat v. Kashi Rao Raja Ram Swami (1987)’, the question came before the Supreme Court for consideration whether father is entitled to claim…
