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 b...

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 prev...

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 spe...