Anil Kumar kamboj Delhi M-9650
25 August 2008 at 14:52
what is the meaning of constructive res judiceta
Res subjudice & Res judicata are clearly defined in Section 10 & Section 11 of the Code of Civil Procedure, 1908 respectively. Both the provisions are made in order to avoid multiplication of suits and unnecessary delay. You can go through the provisions by reading the said sections of CPC, but I make you understand in a layman view:
1. Res subjudice: The court shall stay every matter which is already a pending adjudication before a court of competent jurisdiction between same party and on same cause of action.
2. Res judicata: The court shall not try any suit which has already been decided by a court of competent juridiction in any earlier case between same party and on same cause of action.
The point of difference is that in res subjudice, the court gives stay to the subsequent suit whereas in res judicata, the courts do not entertain the subsequent suit.
Hope the above information is beneficial for you.
For any kind of legal query/case, feel free to contact.
puja
25 August 2008 at 12:17
HI ALL
CAN ANYBODY SEND ME A WS FOR RECOVERY SUIT.I HV TO DRAFT TODAY ONLY
V.Raghavan
25 August 2008 at 11:53
Under theThe Kerala State Fiancial Corporation incorporated under the Central ACt of 1951 (No.LXIII of 1951).
A Mortgageloan was transferred in 1994.
Documents executed in 1994
Last instalment due on June 2001.
Property sold on public auction on March 2004
The amount was adjusted in the loan account.
Still there is a shortfall. Can this financial institution take action for the recovery of the shortfall? Is it not time barred since the acution was in March 2004 and till date even after 4 years and 5 months no intimation or notice of recovery was sent. Is there is any possibility of recovery?
srinivas
24 August 2008 at 19:33
suit for recovery of money what kind of burden lies on defendant to deny the promissory note? give me some citations to prove the case this case will be called on 26-08-2008 for arguments give me reply before one day of arg
Raisa
24 August 2008 at 10:18
May I request somebody to kindly let me have the format of "Legal Notice" to be issued to a seller in respect of breach of agreement of sale...
N.K.Assumi
23 August 2008 at 12:21
To apply for guardianship, application has
to be signed and verified as a plaint,so what should be the introductory heading. For eg, In the Court of District judge..
Inthe Matter of...
In the matter Between..etc
Can any one help me with the introductory heading?
Can Additional District Judge issue guardianshipb Certificate inspite of District judge?
The Indian Majority Age has fixed the majority age as 18 and 21 respectively, but some customs are different from the Indian majority Age fixed by it.So customs or majority Age prevails?
N.K.Assumi
23 August 2008 at 12:00
To apply for guardianship application has. to be signed and verified as a plaint. So what should be the introductory heading. For eg, In the Court of District judge..
Inthe Matter of...
In the matter Between..etc
Can any one help me with the introductory heading?
N.K.Assumi
23 August 2008 at 08:57
If a Tennant through their negligence burnt down a house which is an act of waste and damage article 113 or 66 of the Limitation Act Apply? Any ruling of the Supreme court covering such case? for the landlord to file case?
Vijay Kumar
22 August 2008 at 23:52
In order to purchase the land of X, the buyer has entered into agreement with his attorney A.
1) Whether the buyer was required by law to verify the fact that A had been holding valid PoA from X?
2)Now the buyer seeks to file the suit for specific performance of contact, who is to be arrayed as defendant/s?
i)only the owner X
ii)only the attorney A
iii)or both X & A
3) Whether during trial, the plaitiff would be required to prove that A had been holding Valid PoA from X?
4)The instrument of agreement is unfortunately under stamped,how to cure this lacunae before filing the suit?
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Section 12 and 47 of the Guardians and wards act 1890:
Order under section 12 of the GW Acts 1890, does not falls under section 47 of the Act. Does it mean that order under the said section is not appeallable? Is District Judge competent to reject a guardian and appoint a Receiver as temproary measure under section 12 of the GW Act 1890, though such measures have not been mentioned in the Act?