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…
Does the doctrine of Res Judicata apply to Writ Petition under Article 32?
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…
Understanding Public Nuisance: Interference with Public Rights and Community Welfare”
There must be an act in order to create a public nuisance, and the conduct does not have to be illegal.
Does Supreme Court bind to follow its previous Precedent?
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…
Appeal against inadequacy of Sentence- who can file appeal?
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…
Can a Father Claim maintenance from her Daughter?- Legal Position
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…
Identity of Sexual Offence victim will not be disclosed even in Judgement- Legal Position
Sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme…