What are the main pre-requisites to implement the principle of ‘Res Judicata’? The pre-requisite which are necessary to implement the principle of “Res Judicata” are: 1) There must be a final judgment: 2) The judgment must be on the merits;…
What is provided in adjuctive law to implement the principle of ‘Res Judicata’? Section 11 of the Code of Civil Procedure embodies the doctrine of “Res judicata’ or the rule of conclusiveness of a judgment, as to the points decided…
What is ‘Res Judicata’? ‘Res Judicata’ means “a thing decided’, If is a common law doctrine meant to bar re-litigation of cases between the same parties in Court. Once a final judgment has been handed down in a lawsuit subsequent…
Q. Distinguish between Reference and Revision. Answer Chapter XXX of the Code of Criminal Procedure deals with two important jurisdictions, viz., (1) reference and (2) revision. The Reference jurisdiction can be invoked either by (a) any Court or (b) a…
Q. What provisions have been made in Cr.P.C. regarding the dispute in respect of land or water? [UPCJ. 2018] Answer In a civilised society, property conflicts should be addressed via the use of the law rather than by individuals taking…
Q. Is an arrested person entitled to be examined by a medical practitioner after his arrest? Answer. Yes, the arrested person is entitled to be examined by a medical practitioner after his arrest. The provision for the same is made…
RATUL MAHANTA VS. NIRMALENDU SAHA A.S. BOPANNA, J (TWO JUDGE BENCH) [CIVIL APPEAL NO. 4627 OF 2021] AUGUST 10, 2021 LAW POINT- Despite there being the bar of jurisdiction of the civil courts under the Special Act, except for the…
SRIHARI HANUMANDAS TOTALA VS. HEMANT VITHAL KAMAT & ORS. [CIVIL APPEAL NO. 4665 OF 2021] DR JUSTICE DHANANJAYA Y CHANDRACHUD AUGUST 9, 2021 LAW POINTS Whether a Suit is barred by law, must be determined from the statements in the…
VEDANTA LTD. (FORMERLY KNOWN AS M SESA STERLITE LTD.) VS. THE GOA FOUNDATION & ORS. [REVIEW PETITION (CIVIL) DIARY NO. 18447 OF 2020] DR DHANANJAYA Y CHANDRACHUD, J 9TH JULY 2021 LAW POINT- In accordance with Rule 2 of Order…
Atlanta Infrastructure Ltd. Vs. Delta Marine Company & Ors. [CIVIL APPEAL NO. 2876 OF 2021] SANJAY KISHAN KAUL, J. 19th JULY 2021 LAW POINT- A bank guarantee is an independent contact, there is a limited scope for interference, in case…