Section 11 of CPC contains the doctrine of res judicata. “According to this doctrine, if the court has already decided a matter in a previous suit, a subsequent suit dealing with the same matter will be barred by res judicata.”[1] “One of the essential factors for application of res judicata is that the circumstances must…
We have a few hundred thousand laws in our Country, implemented by the Parliament. These laws are made for the smooth functioning of the State and mainly for the benefit of its Citizens. Unfortunately, not many people are aware about these laws and most of the people are taken for ride, by those who know…
NEED TO INDIANISE JUDICIAL SYSTEM, SAYS SUPREME COURT JUDGE JUSTICE NAZEER. Adjudicator for the highest court Justice SA Nazeer on Sunday talked with regards to the need to Indianise the post-pioneer legal framework in the country, with the center moving to one side of the prosecutor to request equity and not petition God for it.…
Under the Indian Law, Bail is the rule and Jail is the exception. Due to such jurisprudence, Indian law has four different kinds of bail: Anticipatory Bail, Regular Bail, Post-Conviction Bail, Bail under section 436A and Default Bail. We shall look into each of these kinds of bail one by one. An anticipatory bail…
“Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi My Lord! Par insaaf nahi mila” This famous Sunny Deol dialogue from the film 1993 Damini get gets the hoots and whistles from the audience whenever it is enunciated. Courtroom dramas and movies have always been successful in instilling a sense of justice, the…
Most people are aware that an FIR can be filed with the police under section 154 of Criminal Procedure Code. Very few persons know that a complaint can also be filed to the magistrate directly. A person can take the route of directly approaching the magistrate. In such a scenario, magistrate will have three options:…
It is settled law that consent cannot confer or take away jurisdiction upon a court. Exclusive jurisdiction clauses in civil suits are an exception to this rule. The general rule of law is that two or more parties cannot consent to confer of take away the jurisdiction of a court. Sec 28 of the Indian…
Exclusive jurisdiction is that which confers sole power on one court or tribunal to try, deal with and decide a case. It is given in Section 9 of the Code of Civil Procedure, The Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly…
Meaning of Interpretation “The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it.” Salmond Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary…
Section 313 of CrPC infers duty upon the court to examine the accused person. The basic purpose of this section is to provide accuse a chance to justify his position in the circumstances mentioned in evidence provided by prosecution against him. This section has proven to be of great help in situations where accused is…
