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…
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…
Person who is in ‘Live-in-Relationship’ also entitled to take benefit of Domestic Violence Act
The question for consideration came before Supreme Court in the case of ‘D Velusamy v. D. Patchaiammal, (2010)’. The Protection of Women from Domestic Violence Act, 2005 Section 2(a) of…
Anuj Garg v. Hotel Association of India (2007)- A case when court upheld the right of women to work in such premises where liquor is served
The petition challenged the constitutional validity Section 30 of the Punjab Excise Act, 1914 prohibiting employment of “any man under the age of 25 years” or “any woman” in any…
The rights of women as expended through Court’s Rulings
The rights of women were noticed by Supreme Court in a large number of judgments, some important judgments we are referring here- Githa Hariharan v. Reserve Bank of India ,…
Supreme Court’s Sixteen Guidelines on Encounters
“This Court has repeatedly admonished trigger-happy police personnel, who liquidate criminals and project the incident as an encounter. Such killings must be deprecated. They are not recognised as legal by…
Sheela Barse v. Union of India (1983)- A case on custodial violence on women and legal assistance
The case arose when journalist Sheela Barse wrote a letter to Supreme Court complaining the custodial violence to women prisoners whilst confined in the police lock up in the city…
Air India v. Nargesh Mirza (1981) – A Complete Analysis
The case of ‘Air India v. Nargesh Mirza (1981)’ is an important case on Article 14 when the court laid down a broad perspective of equality. The Institution of the…