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Channel Posts
The doctrine of Res Judicata was explained in which landmark case?
Anonymous voting
  • A. Iftikhar Ahmed v. Syed Meharban Ali
  • B. Satyadhyan Ghosal v. Deorajin Debi
  • C. Kiran Singh v. Chaman Paswan
  • D. All of the above
    • 1 more...

16410

0 votes
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🔰 Power of High Court to Determine Issues of Fact – Brief Notes (Section 103 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision Governed by Section 103 CPC. Applies in Second Appeal proceedings. https://youtube.com/c/LAWEXPLORER 2️⃣ Purpose To avoid remand and enable the High Court to decide the case finally when: Lower courts failed to decide an essential issue of fact, or Findings recorded are insufficient or defective. https://youtube.com/c/LAWEXPLORER 3️⃣ When High Court Can Decide Issues of Fact The High Court may determine an issue of fact if: (a) The issue is essential for deciding the case, and (b) The evidence on record is sufficient, and (c) The issue was: Not determined by lower courts, or Determined improperly (i.e., illegally, without evidence, or perversely). https://youtube.com/c/LAWEXPLORER 4️⃣ Important Limits High Court cannot take new evidence. It can decide facts only on the basis of evidence already on record. Section 103 does not permit rehearing of the entire case. https://youtube.com/c/LAWEXPLORER 5️⃣ Why This Power Exists? To prevent unnecessary delay caused by remanding the case. To ensure justice is not defeated by procedural omissions of lower courts. https://youtube.com/c/LAWEXPLORER 6️⃣ Examples Trial court and first appellate court both omitted to decide a crucial issue such as: Title, Possession, Limitation, Validity of document, etc. Evidence is already on record → High Court can itself decide. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Points for Exams Section 103 applies only in second appeals. High Court can decide issues of fact, but only on existing evidence. This power is exceptional and limited, used to avoid remand. Issue must be necessary for disposal of the appeal.
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Voting
Section 11 of CPC embodies the doctrine of—
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🔰 SECOND APPEAL – BRIEF NOTES (SECTION 100 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning A second appeal is an appeal filed before the High Court against the judgment of the first appellate court. It is not a rehearing on facts like the first appeal. https://youtube.com/c/LAWEXPLORER 2️⃣ Statutory Basis Section 100 CPC: Second appeal lies only on a substantial question of law. Procedure is given in Order 42 CPC. https://youtube.com/c/LAWEXPLORER 3️⃣ When Second Appeal Lies A second appeal can be filed when: The case involves a substantial question of law, and The High Court formulates that question at the time of admission. https://youtube.com/c/LAWEXPLORER 4️⃣ What is a “Substantial Question of Law”? A question that: Is of general public importance, or Affects rights of parties significantly, or Is not settled by higher courts, or Contains a grave legal error by lower courts. It is more than a “question of law”; it must be substantial. https://youtube.com/c/LAWEXPLORER 5️⃣ When Second Appeal Does Not Lie On questions of fact. On reappreciation of evidence. Against interlocutory orders. Where no substantial question of law exists. https://youtube.com/c/LAWEXPLORER 6️⃣ Powers of the High Court High Court may: Formulate substantial questions of law, Reframe or add new ones, Reverse, modify or affirm judgments of the first appellate court, Remand the case. https://youtube.com/c/LAWEXPLORER 7️⃣ Finality of Findings of Fact Findings of fact by trial court & first appellate court are binding unless: Based on no evidence, Based on misreading of material evidence, Based on perverse reasoning. These exceptions may give rise to a substantial question of law. https://youtube.com/c/LAWEXPLORER 8️⃣ Memorandum of Second Appeal Must: Precisely state the substantial question(s) of law, Be accompanied by copies of: Judgments & decrees of lower courts. https://youtube.com/c/LAWEXPLORER 9️⃣ Limitation 90 days from the date of the first appellate judgment (Limitation Act). https://youtube.com/c/LAWEXPLORER 🔟 Key Points for Exams Second appeal lies only to the High Court. Mandatory formulation of substantial question of law. No second appeal on facts. Findings of fact are final unless they give rise to a legal question. Procedure under Order 42 CPC.
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Section 10 CPC applies when—
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🔰 Appeal from Final Decree Where No Appeal from Preliminary Decree – Brief Notes (Section 97 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision Governed by Section 97 CPC. https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning When a suit is decided in two stages— (1) Preliminary decree and (2) Final decree— a party who does not appeal against the preliminary decree loses the right to challenge its correctness later. https://youtube.com/c/LAWEXPLORER 3️⃣ Rule If no appeal is filed from the preliminary decree, ➤ The preliminary decree becomes final and binding. While appealing against the final decree, the party cannot dispute anything decided in the preliminary decree. https://youtube.com/c/LAWEXPLORER 4️⃣ Purpose of Section 97 To prevent: Multiplicity of issues, Re-opening settled matters, Delay in finalization of rights. Ensures finality of preliminary decrees. https://youtube.com/c/LAWEXPLORER 5️⃣ Examples In a partition suit, shares are fixed in the preliminary decree. If no appeal is filed → The party cannot challenge shares later when a final decree is passed. In a mortgage suit, if redemption amounts are determined in a preliminary decree and no appeal is filed → They cannot be questioned in an appeal from the final decree. https://youtube.com/c/LAWEXPLORER 6️⃣ Key Points Appeal must be filed at the preliminary stage, not wait until the final decree. A challenge to the legality, correctness or findings of the preliminary decree is barred in the appeal from final decree. https://youtube.com/c/LAWEXPLORER 7️⃣ Exam Formula No appeal from preliminary decree = preliminary decree final. Final decree appeal ≠ chance to reopen preliminary decree issues.
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Voting
The principle of Res Sub Judice is based on—
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🔰 APPEAL FROM ORIGINAL DECREE – BRIEF NOTES (SECTION 96 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning An appeal from an original decree is the first appeal filed before a higher court against a decree passed by a trial court. https://youtube.com/c/LAWEXPLORER 2️⃣ Statutory Basis Section 96 CPC deals with first appeals. Order 41 CPC lays down the procedure. https://youtube.com/c/LAWEXPLORER 3️⃣ When First Appeal Lies An appeal lies from: Every original decree passed by a court exercising civil jurisdiction. Ex parte decrees (Section 96(2)). Decrees passed by Additional Judges / Joint Judges. https://youtube.com/c/LAWEXPLORER 4️⃣ When First Appeal Does NOT Lie Consent/compromise decree (Section 96(3)). Decrees of small causes of value not exceeding the limit set by the State (usually ₹10,000) unless a question of law is involved. https://youtube.com/c/LAWEXPLORER 5️⃣ Grounds of Appeal Error of law, Error of fact, Procedural irregularity, Improper appreciation of evidence, Violation of natural justice, Jurisdictional error. First appeal = both questions of law and fact may be examined. https://youtube.com/c/LAWEXPLORER 6️⃣ Powers of the Appellate Court (Order 41) Appellate court may: Confirm, vary or reverse the decree. Order remand. Frame issues and refer for trial. Take additional evidence (Order 41 Rule 27). Pass any decree/order justified by justice. https://youtube.com/c/LAWEXPLORER 7️⃣ Contents of Memorandum of Appeal Grounds of objection to decree in concise form. Must be signed and accompanied by a copy of the decree and judgment. https://youtube.com/c/LAWEXPLORER 8️⃣ Limitation Generally 90 days from the date of the decree (Limitation Act). https://youtube.com/c/LAWEXPLORER 9️⃣ Appeals on Questions of Law Only Certain small-cause decrees can be appealed only on questions of law (S.96(4)). https://youtube.com/c/LAWEXPLORER 🔟 Decree vs. Order First appeal lies only from a decree, not from every order (orders are appealable under Section 104 & Order 43). https://youtube.com/c/LAWEXPLORER 1️⃣1️⃣ Key Points for Exams Appeal is a statutory right, not inherent. First appeal = right of rehearing on facts & law. No appeal from consent decree. Ex parte decree is appealable. Memorandum of appeal must state concise grounds.
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Voting
Section 10 of CPC deals with—
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🔰 Compensation for Obtaining Arrest, Attachment or Injunction on Insufficient Ground – Brief Notes (Section 95 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Purpose of Section 95 To protect defendants from wrongful or frivolous applications such as: Arrest before judgment, Attachment before judgment, Temporary injunctions, Other interim orders obtained without reasonable cause. https://youtube.com/c/LAWEXPLORER 2️⃣ When Section 95 Applies Compensation may be awarded when: Plaintiff obtains arrest, attachment or injunction, and The court later finds that: There was no reasonable or sufficient ground, or The plaintiff acted maliciously or vexatiously. https://youtube.com/c/LAWEXPLORER 3️⃣ Who Can Claim Compensation The defendant against whom the wrongful order was obtained. https://youtube.com/c/LAWEXPLORER 4️⃣ Court’s Power Court may award: ✔️ Compensation up to ₹50,000, and ✔️ Additional compensation for pecuniary loss proved (if any). Compensation can be granted in the same proceeding; no separate suit required. https://youtube.com/c/LAWEXPLORER 5️⃣ Requirement of Defendant Defendant must apply for compensation during the same proceedings. A separate suit for compensation is barred if relief could be claimed under Section 95. https://youtube.com/c/LAWEXPLORER 6️⃣ Objective of the Section Prevent abuse of court process. Deter plaintiffs from filing frivolous or malicious interim applications. Protect parties from unjustified hardship, e.g., loss due to wrongful attachment or arrest. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Points for Exam Applies only to wrongful arrest, attachment or injunction. Claim must be made in same suit/proceeding. Maximum compensation ₹50,000 + proved damages. Aims to prevent vexatious litigation.
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Voting
Civil courts have no jurisdiction in suits which are—
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🔰 PUBLIC CHARITIES — BRIEF NOTES (SECTION 92 CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Purpose of Section 92 To regulate public charitable or religious trusts. Ensures proper administration and prevents misuse of trust property. https://youtube.com/c/LAWEXPLORER 2️⃣ When Section 92 Applies There must be a public trust (charitable or religious). There must be a breach of trust or a need for direction from the Court in administration. https://youtube.com/c/LAWEXPLORER 3️⃣ Who Can File the Suit Advocate-General (no leave required), or Two or more persons having interest in the trust with prior leave of the Court. https://youtube.com/c/LAWEXPLORER 4️⃣ Where Suit is Filed In the Principal Civil Court of Original Jurisdiction (usually District Court), or Any other court empowered by the State Government. https://youtube.com/c/LAWEXPLORER 5️⃣ Reliefs the Court May Grant Removal of a trustee. Appointment of a new trustee. Vesting of trust property. Taking accounts and ordering inquiries. Delivery of possession of trust property. Framing or settling a scheme for proper management. Authorizing sale/lease/mortgage of trust property. Any other relief required for administration. https://youtube.com/c/LAWEXPLORER 6️⃣ Cy-Pres Doctrine (S.92(3)) Court may modify trust purposes when original objects become impossible, obsolete or impracticable. https://youtube.com/c/LAWEXPLORER 7️⃣ Important Features Applies only to public trusts, not private ones. Leave of Court acts as a filter to prevent vexatious suits. Section 92 is a special remedy for protection of public interest. https://youtube.com/c/LAWEXPLORER 8️⃣ Examples Misuse of temple funds → suit for removal of trustee & framing scheme. Charity funds diverted for personal use → court orders accounts & appoints new trustee.
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Voting
The expression “suits of civil nature” under Section 9 CPC includes—
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🔰 Public Nuisances and Other Wrongful Acts Affecting the Public – Short Notes (CPC, Section 91) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Basis Governed by Section 91 CPC. https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning A public nuisance is an act or omission that injures, annoys or affects the public at large or a considerable section of the public. It is different from a private nuisance which affects a specific individual. https://youtube.com/c/LAWEXPLORER 3️⃣ Who May Sue? (a) Advocate-General (AG) The Advocate-General may institute a suit without any special permission to: Prevent a public nuisance, or Prevent any other wrongful act affecting the public. (b) Two or More Persons (With Court’s Leave) Two or more persons may file such a suit: With the leave (permission) of the court, Even if no special damage is caused to them individually. This allows public-spirited individuals to take action (similar to PIL concept in civil suits). https://youtube.com/c/LAWEXPLORER 4️⃣ Special Damage Not Required Plaintiffs do not need to show special or personal injury. Suit is permitted in the interest of the public at large. https://youtube.com/c/LAWEXPLORER 5️⃣ Nature of Reliefs The suit may seek: Injunction to prevent continuation of nuisance, Mandatory orders to remove the nuisance, Restraining wrongful acts affecting public rights, such as: Obstructing a public road, Polluting a river, Encroaching on public land, Blocking drainage used by the public. https://youtube.com/c/LAWEXPLORER 6️⃣ Purpose / Object To protect: Public health, Public convenience, Public safety, Public resources. Provides collective remedy for collective wrongs. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Points for Exams At least two persons + leave of court OR Advocate-General can file the suit. No special damage required. Covers public nuisance AND other wrongful acts affecting the public. Purpose is protection of public rights.
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Voting
Section 9 of CPC provides jurisdiction to civil courts to try—
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🔰 Power to State Case for Opinion of Court – Short Notes (CPC, Section 90) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision Governed by Section 90 CPC. Applies to Presidents of Village Courts, Panchayats or other revenue officers who are not regular civil courts. https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning A non-judicial or quasi-judicial authority, while deciding a dispute, may refer a legal question to a civil court for its opinion when: A question of law arises which such authority is not competent to decide. https://youtube.com/c/LAWEXPLORER 3️⃣ When Can a Case Be Stated? Only when there is a real doubt on a question of: Interpretation of law, Jurisdiction, Procedure, or Rights of parties. The authority cannot refer questions of fact. https://youtube.com/c/LAWEXPLORER 4️⃣ Procedure The authority frames the question of law and states the case. The reference is sent to the District Court or Subordinate Court specified by the State Government. The court examines the question and returns its opinion. https://youtube.com/c/LAWEXPLORER 5️⃣ Effect of Court’s Opinion The authority that stated the case is bound to decide the matter according to the opinion of the court. It does not amount to a decree; it is a guiding legal opinion. https://youtube.com/c/LAWEXPLORER 6️⃣ Purpose / Objective To ensure: Correct and uniform application of law, Assistance to lay tribunals or local authorities lacking legal expertise, Smooth functioning of village courts and revenue authorities. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Points for Exams Only questions of law, not facts. Opinion is binding on the authority. It is a form of reference, not appeal. Applies to village courts, panchayats, revenue officers, etc.
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Voting
"Legal Representative" under CPC includes—
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🔰 Settlement of Disputes Outside the Court – Short Notes (CPC, Section 89) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Basis Section 89 CPC empowers the court to refer parties to Alternative Dispute Resolution (ADR) when elements of a settlement appear. https://youtube.com/c/LAWEXPLORER 2️⃣ Purpose To promote: Speedy disposal, Reduced pendency, Less expensive dispute resolution, Harmonious settlement between parties. https://youtube.com/c/LAWEXPLORER 3️⃣ Modes of Settlement Recognized The court may refer parties to any of the following: (a) Arbitration Governed by the Arbitration and Conciliation Act, 1996. Requires agreement of parties. (b) Conciliation Also under the 1996 Act. A neutral conciliator helps parties reach a compromise. (c) Judicial Settlement Court refers dispute to a person or institution deemed fit. Settlement has the status of a compromise decree. (d) Lok Adalat Under Legal Services Authorities Act, 1987. Award is final and binding; no appeal lies. https://youtube.com/c/LAWEXPLORER 4️⃣ Procedure (Order 10 Rule 1A–1C) Court identifies if the case is fit for settlement. Court directs parties to opt for an ADR method. Referral is made accordingly. If settlement is reached → Court passes a decree in terms of settlement. If settlement fails → Case returns to court for regular trial. https://youtube.com/c/LAWEXPLORER 5️⃣ Judicial Interpretation Supreme Court in Afcons Infrastructure v. Cherian Varkey (2010) clarified: Section 89 is mandatory when settlement elements exist. Court must apply mind and select appropriate ADR mode. https://youtube.com/c/LAWEXPLORER 6️⃣ Benefits Saves time, cost and resources. Reduces burden on courts. Encourages peaceful resolution and cooperative relationships. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Points for Exams Section 89 CPC = ADR referral by court. ADR modes = Arbitration, Conciliation, Judicial Settlement, Lok Adalat. Lok Adalat award = final, equivalent to a decree. Arbitration requires written agreement.
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Voting
The decree-holder is defined in CPC under—
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🔰 Where Interpleader-Suit May Be Instituted – Short Notes (CPC) 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Meaning of Interpleader Suit (S.88 & O.35) Filed by a person who holds money or property but does not claim any interest in it, And two or more persons make rival claims to that property. https://youtube.com/c/LAWEXPLORER 2️⃣ Place Where Interpleader Suit Can Be Filed An interpleader suit must be filed in the court that has jurisdiction over: (a) The Subject-Matter of the Property The property or money in dispute must be within the territorial jurisdiction of the court. (b) The Defendant(s) The defendants (the rival claimants) must be: Residing, or Carrying on business, or Personally working for gain within the court’s local limits, or The cause of action must arise there. https://youtube.com/c/LAWEXPLORER 3️⃣ Governing Provisions No special rule is fixed only for interpleader suits. Hence, ordinary rules of jurisdiction under Sections 15–20 CPC apply, namely: Court with pecuniary jurisdiction, Court with territorial jurisdiction, Court where cause of action arises. https://youtube.com/c/LAWEXPLORER 4️⃣ Key Principle Since the plaintiff has no claim to the property, jurisdiction depends on: Where the claimants reside, or Where the dispute regarding the property would ordinarily be tried. https://youtube.com/c/LAWEXPLORER 5️⃣ Shortcut to Remember “Interpleader suits lie where an ordinary suit concerning the same property would lie.”
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