Legal Eagles

Res- judicata-     Section 11 of CPC defines Res- judicata. Res- thing or subject matter Judicata- decided or adjudicated - A matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties. - Means matter already adjudicated upon cannot be re-agitated again. - One should not be vexed twice for the same cause. - The object of the principle is to prevent endless litigation. - The same person cannot be harassed again and again in various proceedings upon the same question. - Once a matter is finally decided by a competent court , no party can be permitted to reopen it in a subsquent litigation. - It applies to civil suits, execution proceeding, arbitration proceeding, taxation matters, Industrial adjudication,writ petition, administrative orders, interim orders, criminal proceeding, etc. Object-  - To prevent hardship to an individual who could otherwise be vexed. - It is based on public poli

Section 10- Stay of Suit       No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in   India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. Explanation - The pendency of a suit in a foreign Court does not preclude the Courts in India from trying a suit founded on the same cause of action. Res- a subject matter Subjudice- matter is pending Stay of Suit means to stop a proceeding of a suit. - subject matter is same - parties are same - it is already pending before a competent court. - to prevent person from multiplicity of proceeding a

Methods Of Interpretation of Statute 1) Literal Rule or Plain Meaning Rule Of Interpretation 2) Golden Rule Of Statute 3) Mischief Rule Of Interpretation  1) Literal Rule or Plain Meaning Rule Of Interpretation :- - If the Provision is unambiguous,we need not call into aid the other rule of construction of statute. - The primary rule is to interpret words as they are. - The rule can be applied only when the meaning of the words are clear. The words of the statute have their ordinary and natural meaning. - The judges can neither add nor delete anything from the legal provision.what the statute actually says,the judges have to consider that. The judges cannot modify the words . They have to apply as it is. - The intention of Parliament is found in the ordinary and natural meaning of the words in the statute. - It provides certainty  in the law .The main purpose in the construing a statute is to assertion the intention of the Parliament. - The legislature speaks it

Meaning :-  -power or authority of a court to hear and determine a case,to adjudicate and exercise any judicial power in relation to it.      - Authority of a court to administer justice prescribed with  reference to the subject matter, Pecuniary value and local limits. Section 3 :-  Subordination of court For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court. Section 6 :- Pecuniary Jurisdiction Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction. Section 9 :- Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try

Laws can be decided into two groups  1) Substantive Law 2) Procedural Law Difference between Substantive Law and Procedural Law Substantive Law always prevails over the Procedural Law. Substantive Law :-  - In civil law it defines rights and liabilities and in criminal law it defines punishments. - It govern a particular field. - The function of substantive law is to define legal rights or legal status or to impose and define the nature and extent of legal duties .  - The Indian Contract Act,the Transfer of property Act,the Industrial Dispute Act,the Indian Penal Code are instances of substantive law. Procedural Law :- - It lays down the procedure - It is a law that specifies the procedure and machinery for the imposition of rights and duties. - Rules that helps the enforcement of the substantive law. - The function of procedure law is to provide the machinery or the manner in which the legal rights or status and legal duties may be enforced or recognized by a

Procedure of Enactment Act:-  A draft introduced in the Parliament it is called a bill. A bill is a initial stage of an Act. First the bill introduced to the lower house of the Parliament ( Loksabha ) and after the discussion once it has been passed,the bill goes to upper house (Rajyasabha) . After passing of the upper house it is sent to the president for approval. When the President sign on that bill,the bill becomes Law . Ordinance:- The President and the Governor have also a power to promulgate the Ordinance. Article 123 - Power of president promulgate ordinances during recess of Parliament. Article 213 - Power of Governor to promulgate ordinances during recess the legislature. It is a temporary laws that are circulated by the president of India.The ordinances can be delivered when the Parliament is not in session. After the passing of ordinances  Parliament have to pass it within six months in session  ,otherwise it is expired automatically.

Internal Aids To Construction:- ( Interpretation of statute) Statute:- - A law or a rule - The sovereign authority of the state having power to make it. - Typically status command or prohibit something,or declare policy. Part of the statute 1) Title - i ) Long Title -  - The heading of the statute is long - Long title of the Act is a part of the Act ii ) Short Title- - merely used for the sake of convenience - It is for reference only - It has no role in Interpretation 2) Preamble - It is a part of the Act - The Act starts with Preamble - The preamble is expected to express the scope, object and the purpose of the Act more comprehensively. - The main object and purpose of the Act are found in the preamble of the statute. The preamble is an intrinsic aid in the Interpretation of an Ambiguous act. - A preamble is a key to open the mind of the legislature . - The preamble sets out the gist of summary of a statute. 3) Heading- - A group of sections

General principles of Interpretation There are two principles of interpretation of statute. i) Literal or general Interpretation ii) Liberal or logical Interpretation We can see as follows in detail 1)  Literal or general Interpretation -  It is states that statute must be construed in the ordinary and natural meaning of the words and sentences. - If the meaning of statutory Interpretation is plain,the court must apply it as it is . - That court cannot add words to a statute during Interpretation. - A judge should not go beyond the words of the statute during Interpretation. - Grammatical Interpretation means Interpretation that is based on exclusively on the word themselves. - It is first and primary rule of construction that the intention of the legislature must be found in the words used by the legislature itself. There are two exception to this interpretation  I) Logical defectiveness i ) Ambiguity - - The possibility of being understood in more

1) Legislature  - law making body 2) Executive - Law enforcing body to maintain law and order. 3) Judiciary - Interpretation of law and adjudicate dispute Meaning - Interpretation means the art of finding the true sense of an enactment by giving the word of the enactment their natural and ordinary meaning. Definition -   Salmond gave the definition as follows " Interpretation is the process by which the court try to ascertain the meaning of the legislation through the authoritative form in which it is expressed." - In certain cases, more than one meaning may be derived from the same word or sentence. Object - The object to the interpretation of statute is to determine the intention of the legislature conveyed expressly or impliedly in the language used. This case S.C.followed the same principle. - Necessity of interpretation would arise only where the language of a statutory provision is ambiguous, not clear or where two views are possible or where the p