A civil court shall have jurisdiction to try all the suits of a civil nature, unless barred. Jurisdiction of Civil Courts According to S. 9, “The Court shall (subject to the provisions hereincontained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” … Read more
Section 11 C.P.C. contains the principles of res judicata or the rule of collusiveness of judgment, as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. Section 11 provides that once the matter is finally decided by a competent court, no party can be permitted to re-open it in subsequent litigation. In the absence of such rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses. This doctrine has been accepted in all civilized legal systems.
In Smt. Silky Jain & Ors. v. Yaadram Shivhare & Ors., the Madhya Pradesh High Court, Gwalior bench observed that no civil revision would lie against an order granting interim injunction passed by the Court under Order 39 Rule 1 &2. Facts of the case: – Petitioners/Plaintiff had file a suit for declaration of title … Read more
Section 80 of Civil Procedure Code, 1908 deals with suits by or against government or public officers. However this section declares that no suit shall be instituted against a public officer in respect of any act, purporting to be done by such public officer in his official capacity, until the expiration of two months notice … Read more
Res judicata means “a thing adjudicated”; “a case already decided”; or “a matter settled by a decision or judgment”. Stare decisis means “to stand by decided cases”, “to uphold precedents”, “to maintain former adjudications”, or “not to disturb settled law”. Those things which have been so often adjudged ought to rest in peace. Res judicata … Read more
The principle of constructive res judicata emerges from Explanation IV when read with Explanation III both of which explain the concept of “matter directly and substantially in issue”. Explanation III clarifies that a matter is directly and substantially in issue, when it is alleged by one party and denied or admitted (expressly or impliedly) by … Read more
The doctrine of res judicata is often treated as a branch of the law of estoppel. Res judicata is really estoppel by verdict or estoppel by judgment. Even then the doctrine of res judicata differs in essential particulars from the doctrine of estoppel. Res Judicata results from a decision of the court, whereas, estoppel flows … Read more
Power of attorney is issued to handle legal and business activities which is practically impossible for one individual to handle all of these activities. This can be due to old age, ill health, lack of knowledge, or any other reason. Power of attorney becomes relevant in this situation. It enables you to provide someone permission … Read more
Meaning An affidavit may be defined as a statement or declaration in writing on oath or affirmation before a person having authority to administer oath or affirmation. The term affidavit has been defined by Section 3 and clause 3 of the General Clause Act. The term affidavit defined by this section includes affirmation and declaration … Read more