Sub Judice- Section 10 of the CPC
Section 10 of the Code which is relevant for the purpose reads as follows: “10. Stay of suit.- No Court shall proceed with the trial of any suit in which…
The principle of lost grant
The principle of lost grant is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of…
The application of Res Judicata at subsequent stages of same proceeding, and Differences between ‘Res Judicata and Issue estoppel’
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…
Jurisdiction through consent and waiver- The limitations under CPC
Sections 15 to 20 of the Code contain detailed provisions relating to jurisdiction of courts. They regulate forum for institution of suits. They deal with the matters of domestic concern…
Circumstances in which a civil suit can be dismissed without trial under CrPC
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…
Tussle between Executive and Judiciary
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…
What is Res Judicata and Constructive Res Judicata? – Explained in Brief
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…
Difference between Rule 2 of Order 2 of CrPC and Res Judicata
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…
The Doctrine of Res Judicata as Rule of Procedure- Does it apply to question of law?
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…
Constructive Res Judicata against the case when successive petition is filed by raising additional points
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…