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Jun 27, 2024 · Section 11 of Code of Civil Procedure, 1908 (CPC) embodies the doctrine of Res Judicata or the rule of conclusiveness of a judgment. It enacts that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation.
Jul 1, 2024 · In the case of State Of Uttar Pradesh vs. Nawab Hussain, the Hon’ble Supreme Court specified a general distinction between the rule of res judicata and constructive res judicata as expressed under Section 11 of the CPC.
Jun 13, 2024 · What is Section 11 of CPC? Section 11 of CPC – Res Judicata - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court ...
4 days ago · While questions of res judicata, limitation etc are examples where the court will assess the issue as one of both fact and law, questions on the jurisdiction of court, or a bar on the adjudication of the suit due to a prevailing law in force, can be decided as preliminary issues under Order XIV Rule 2 of the CPC.
Jun 10, 2024 · Distinguish Between Res Judicata and Constructive Res Judicata 1. Definition: Res Judicata: Res judicata is defined under Section 11 of the Civil Procedure Code. Res judicata is a doctrine that prevents the re-litigation of matters already adjudicated in previous legal proceedings.
Jun 29, 2024 · In this lecture I further explain the concept of Res Judicata. I have explained the concept of Res Judicata that is provided under section 11 CPC in depth. T...
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- Bitola Legal
Jun 14, 2024 · The principle of res sub judice, as outlined in Section 10 of the Civil Procedure Code (CPC), prohibits the adjudication of a lawsuit that is already under consideration in another appropriate court.
