What are the pre-conditions to attract the provision of Section-27 of the Evidence Act? Ans: Under Section-25 a confession, which is made to a police officer, cannot be proved against the person who is accused of an offence. That section…
What are the objects and reasons of the provision of Section 27 of the Indian Evidence Act, 1872? Ans: Confession of an offence by accused before police officer is under our criminal justice system excluded from admitting in evidence because…
State rep. by the Inspector of Police v. M. Murugrsan and Anr., AIR 2020 SC 514 Topic: Bail and Personal Liberty Court: Supreme Court of India Issue: Whether the High Court can issue directions to the state for reforming the…
Sushila Agarwal v. State (NCT of Delhi) and Anr, 2020 5 SCC 1. Court: Supreme Court of India Issue: The Hon’ble Constitutional Bench of the Supreme Court decided the reference made to the larger bench on the following two issues:-…
Whether on a pure issue of law, the principles of “Res Judicata” applies or not? Looking to the views taken by Hon’ble Apex Court regarding the Issue, since 1952, one may find divergence of opinion transpires from those decisions: Hon’ble…
Whether the principle of “Res Judicata” applies to the execution proceedings? In view of Explanation VII to Section 11 of the Code of Civil Procedure, the principles of Res judicata apply to the execution proceedings. The Explanation reads as under:…
Whether the principle of “Res Judicata” applies to proceedings under Sec. 11 of the Arbitration and Conciliation Act, 1996? There can be no hard and fast Rule to answer this question particularly in Arbitration matters, but it is equally well…
Whether the principle of ‘Res Judicata’ applies when the suit is dismissed for default? It is well settled now that the principle of Res judicata only operates when a case heard and finally decided on merits. The order of ‘dismissed…
Whether the principle of ‘Res Judicata’ applies to the proceedings under The Indian Succession Act? A Judgment of probate Court granting probate of a will in favour of the Petitioner is presumed to have been obtained in accordance with the…
Whether the principle of ‘Res Judicata’ applies to Writ Petitions? In the case of “Pujari Bai V Madan Gopal” [reported in AIR-1989 -SC -1764], it has been held that general principles of res judicata would apply to writ proceedings. But…