Mathura Prasad Bajoo Jaiswal v/s Dossibai N.B. Jeejeebhoy Facts Of The Case: Section 11 of the Civil Procedure Code, 1908 defines res judicata. A matter adjudged" is the combined meaning o...

Generally, Courts attempt to understand the stance of both parties before announcing decisions. The maxim, 'Audi Alteram Partem', meaning "listen to both sides" encompasses this duty of the cou...

Deemed Decrees Under The Code Of Civil ProcedureThere are several kinds of decrees under the Code of Civil Procedure (hereinafter referred to as CPC). As per Section 2(2) of CPC, a decree is the ...

Section 9 of the Code of Civil Procedure, 1908 (CPC), is often termed the "gateway" to civil litigation in India. It establishes the foundational jurisdiction of civil courts, mandati...

The principle that bars the institution of another action for the same cause of action is part of the doctrine of res judicata and is provided under Order II Rule 2 of the CPC[1]. This rule req...

The concept of "interim" signifies something temporary or provisional-a measure that doesn't conclusively resolve a matter but addresses immediate needs that may arise during the course of lega...

The Civil Procedure Code (CPC) of 1908 lays down the rules governing civil litigation in India. For a civil case to be initiated, a systematic procedure must be followed to ensure compliance wi...

At times some basic question of law arises in a legal proceeding, which makes everyone involved take note of it and think. The answer to such questions looks very obvious but on a deeper analys...

Order II Rule 2 of the Civil Procedure Code, 1908, is a significant provision governing the joinder of causes of action in civil suits. It mandates plaintiffs to include all claims arising from...

Applicability: This section, Section 57, Schedule III, applies to the wills of Hindus. Scope: The effect and scope of this section is that when a bequest is immediate but payment is postpone...