📚 LAW STUDENTS © 📚

🔰 When Foreign Judgment Not Conclusive – Section 13, CPC 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision: Section 13 of the Code of Civil Procedure, 1908 defines when a foreign judgment shall not be considered conclusive between the parties. “A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties, except—” (followed by six exceptions). https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning: A foreign judgment means a decision given by a court situated outside India, in a country not governed by Indian laws. Generally, foreign judgments are conclusive and binding between the parties regarding matters decided. However, Section 13 lists exceptions where such judgments are not conclusive. https://youtube.com/c/LAWEXPLORER 3️⃣ Object / Purpose: To ensure that only fair, competent and lawful judgments of foreign courts are recognized in India. Prevents enforcement of judgments obtained unjustly or without due process. https://youtube.com/c/LAWEXPLORER 4️⃣ Case Laws: 📌 Satya v. Teja Singh (AIR 1975 SC 105): Foreign divorce decree not recognized as husband misled the foreign court; held obtained by fraud and without jurisdiction. 📌 R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (AIR 1963 SC 1): Foreign judgment is conclusive only if pronounced by a competent court observing principles of natural justice. 📌 International Woollen Mills v. Standard Wool (U.K.) Ltd. (2001) 5 SCC 265: Ex parte judgment without trial on merits not conclusive under Section 13(b). https://youtube.com/c/LAWEXPLORER 5️⃣ Relation with Section 14 CPC: Section 14 provides that courts shall presume the competence and regularity of a foreign judgment unless the contrary is proved. But if any Section 13 exception applies, the presumption under Section 14 is rebutted. https://youtube.com/c/LAWEXPLORER 6️⃣ Example: A foreign court passes a judgment against B without giving him an opportunity to present his defense. ➡️ Such a judgment is opposed to natural justice (Section 13(d)), hence not conclusive in India.

🔰 Res Judicata – Section 11, CPC 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision: Section 11 of the Code of Civil Procedure, 1908 lays down the rule of 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... and has been heard and finally decided by such Court.” https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning: The doctrine of Res Judicata means that a matter once finally decided cannot be reopened or re-litigated between the same parties. The term “Res Judicata” is Latin for “a thing already adjudicated.” https://youtube.com/c/LAWEXPLORER 3️⃣ Object / Purpose: To prevent: Multiplicity of litigation Conflicting judgments Harassment of parties Waste of judicial time Promotes finality in judicial decisions. https://youtube.com/c/LAWEXPLORER 4️⃣ Important Case Laws: 📌 Satyadhyan Ghosal v. Deorajin Debi (AIR 1960 SC 941): Res Judicata applies at different stages of the same proceedings. 📌 Daryao v. State of U.P. (AIR 1961 SC 1457): The rule of Res Judicata applies even to writ petitions under Article 32 and 226 of the Constitution. 📌 Sheodan Singh v. Daryao Kunwar (AIR 1966 SC 1332): If the decision in the earlier suit is final, the second suit on the same matter is barred. https://youtube.com/c/LAWEXPLORER 5️⃣ Exceptions to Res Judicata: Res Judicata does not apply when — The earlier decision was obtained by fraud or collusion. The court lacked jurisdiction in the earlier case. Change in law or new facts have arisen. Writ of Habeas Corpus (personal liberty) — not barred by Res Judicata. https://youtube.com/c/LAWEXPLORER 6️⃣ Example: A sues B for ownership of property and the court decides in favor of A. B cannot again file a suit against A for the same property on the same grounds. ➡️ The second suit is barred by Res Judicata under Section 11 CPC. https://youtube.com/c/LAWEXPLORER 7️⃣ Doctrine of Constructive Res Judicata (Explanation IV): If a party could have raised a matter in the earlier proceeding but failed to do so, it is deemed to have been decided. Example: A sues B for rent of one year but omits rent of the next year that was due; he cannot later sue separately for it.

🔰 Stay of Suit – Section 10, CPC 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision: Section 10 of the Code of Civil Procedure, 1908 deals with “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… pending in the same or any other Court having jurisdiction.” https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning: When two suits involving the same subject matter and same parties are filed, the court may stay (pause) the later suit to avoid duplication and conflicting decisions. This is known as the doctrine of res sub judice. https://youtube.com/c/LAWEXPLORER 3️⃣ Purpose / Object: To prevent: Multiplicity of suits Conflicting judgments Waste of judicial time Harassment of parties by parallel proceedings https://youtube.com/c/LAWEXPLORER 4️⃣ Effect of Stay: The court cannot proceed with the trial of the subsequent suit, but other proceedings (like interim orders) may continue. It is a mandatory provision when conditions of Section 10 are fulfilled. https://youtube.com/c/LAWEXPLORER 5️⃣ Nature: It does not bar the institution of the later suit; It only stays the trial (proceedings) of the later suit until the earlier one is decided. https://youtube.com/c/LAWEXPLORER 6️⃣ Important Case Laws: 📌 Indian Bank v. Maharashtra State Cooperative Marketing Federation (1998) 5 SCC 69: Section 10 applies only when the matter in issue is directly and substantially the same in both suits. 📌 National Institute of Mental Health v. C. Parameshwara (2005) 2 SCC 256: The object of Section 10 is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits. 📌 Aspen Developers Pvt. Ltd. v. Orbit Corporation Ltd. (2008 Bom): Stay of the suit is procedural and aims at avoiding conflicting decisions. https://youtube.com/c/LAWEXPLORER 7️⃣ Exception: Section 10 applies only to civil suits, not to: Writ petitions Proceedings under special laws Summary suits under Order 37 CPC https://youtube.com/c/LAWEXPLORER 8️⃣ Example: A files a suit in Delhi for ownership of property. B later files a suit in Mumbai on the same property and same cause of action. ➡️ The Mumbai court shall stay the later suit under Section 10 CPC.

🔰 Courts to Try All Civil Suits Unless Barred – Section 9, CPC 🔰 https://youtube.com/c/LAWEXPLORER 1️⃣ Statutory Provision: Section 9 of the Code of Civil Procedure, 1908 provides: “The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.” https://youtube.com/c/LAWEXPLORER 2️⃣ Meaning: Civil courts are courts of general jurisdiction. They can try all suits of a civil nature unless: The jurisdiction is expressly barred by a statute, or Impliedly barred by necessary implication of law. https://youtube.com/c/LAWEXPLORER 3️⃣ Civil Nature: A dispute affecting private rights such as property, office, reputation or contractual rights is of civil nature. Even if the case involves a religious element, if it concerns civil rights (like right to property or office), it remains of civil nature. https://youtube.com/c/LAWEXPLORER 4️⃣ Express Bar: When a specific statute clearly excludes the jurisdiction of civil courts. Example: Section 293 of the Income Tax Act, 1961 bars civil court jurisdiction regarding tax assessments. https://youtube.com/c/LAWEXPLORER 5️⃣ Implied Bar: When the law provides an alternative remedy or a special tribunal, it is implied that civil court jurisdiction is excluded. Example: Industrial Disputes Act creates Labour Courts and Industrial Tribunals for workmen disputes. https://youtube.com/c/LAWEXPLORER 6️⃣ Case Laws: 📌 Dhulabhai v. State of M.P. (AIR 1969 SC 78): Laid down principles to determine when civil court jurisdiction is excluded. Civil court has jurisdiction unless the statute gives finality to orders of special tribunals and provides adequate remedies. 📌 Secretary of State v. Mask & Co. (AIR 1940 PC 105): Civil court’s jurisdiction is presumed unless clearly or necessarily excluded. https://youtube.com/c/LAWEXPLORER 7️⃣ Key Principle: “Civil courts have inherent jurisdiction to decide all civil matters unless excluded by law, either expressly or by necessary implication.” https://youtube.com/c/LAWEXPLORER 8️⃣ Example: A dispute over ownership of property → Civil Court has jurisdiction. Dispute over income tax assessment → Civil Court has no jurisdiction (barred by statute). https://youtube.com/c/LAWEXPLORER 9️⃣ Objective: To ensure access to justice for enforcement of civil rights and to provide a general remedy where no special law applies.

🔰 Common Cause v. Union of India (Passive Euthanasia, 2018) 🔰 Citation: (2018) 5 SCC 1 https://youtube.com/c/LAWEXPLORER 📙 Brief Facts Petition sought recognition of right to die with dignity for terminally ill patients. https://youtube.com/c/LAWEXPLORER 📙 Issues Whether passive euthanasia violates Article 21 (Right to Life & Dignity). https://youtube.com/c/LAWEXPLORER 📙 Judgment Supreme Court held: ⚖️ Right to die with dignity is part of Article 21. ⚖️ Passive euthanasia allowed under strict safeguards and procedure. https://youtube.com/c/LAWEXPLORER 📙 Significance Landmark for end-of-life care and personal autonomy. Emphasised dignity as core of Right to Life.

🔰 India Today Group v. Union of India (PIL – Right to Information) 🔰 https://youtube.com/c/LAWEXPLORER 📘 Brief Facts Petition sought access to government-held information under PIL framework. https://youtube.com/c/LAWEXPLORER 📘 Issues Whether citizens have right to access information affecting governance. https://youtube.com/c/LAWEXPLORER 📘 Judgment Supreme Court held that: ⚖️ Right to information is part of Right to Freedom of Speech and Article 21. ⚖️ Government transparency is essential in a democracy. https://youtube.com/c/LAWEXPLORER 📘 Significance Basis for RTI Act, 2005. Strengthened accountability and transparency in governance.

🔰 MC Mehta v. Union of India (Oleum Gas Leak Case, 1987) 🔰 Citation: AIR 1987 SC 1086 https://youtube.com/c/LAWEXPLORER 📗 Brief Facts Gas leak from Oleum plant endangered public health. https://youtube.com/c/LAWEXPLORER 📗 Issues Whether plant owners are liable for hazardous industrial activity. https://youtube.com/c/LAWEXPLORER 📗 Judgment ⚖️ Supreme Court introduced absolute liability: ⚖️ Hazardous industries are strictly liable for accidents. ⚖️ No exceptions for acts of God, employee negligence or third parties. https://youtube.com/c/LAWEXPLORER 📗 Significance Landmark in environmental and industrial safety law. Strengthened public health and safety protections.

🔰 Central Bureau of Investigation v. CBI Officers Association (2019) – Anti-Corruption 🔰 https://youtube.com/c/LAWEXPLORER 📕 Brief Facts Case on independence and accountability of investigative agencies, especially CBI. https://youtube.com/c/LAWEXPLORER 📕 Issues Whether government interference violates rule of law and impartiality. https://youtube.com/c/LAWEXPLORER 📕 Judgment Supreme Court emphasised: ⚖️ Autonomy and impartiality of investigative agencies are essential for constitutional governance. ⚖️ Appointments, transfers and removal must follow transparent process. https://youtube.com/c/LAWEXPLORER 📕 Significance Strengthened anti-corruption institutional integrity. Ensured CBI independence from executive interference.