MahaRERA: De-registration of Real Estate Projects
Introduction The Real Estate (Regulation and Development) Act, 2016 (for short, “RERA”) which came into force on 1st May, 2017 has been enacted in the larger public interest for the…
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…
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…
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…
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…