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Showing posts with label
issues of law
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Showing posts with label
issues of law
.
Show all posts
Saturday, 21 March 2026
Precedent Is Not Res Judicata: A Civil Judge’s Guide to Finality, Issue Estoppel, and Re-agitation of Issues
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The Supreme Court’s decision in M/s Eminent Colonizers Pvt. Ltd. v. Rajasthan Housing Board is a valuable reminder that courts must not co...
Supreme Court: What are exceptions to the principle of Res Judicata on issue of law?
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34.1. The general Rule is that all issues that arise directly and substantially in a former suit or proceeding between the same parties are...
Supreme court explains the distinction between the doctrine of Precedent and Res Judicata
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There is a clear conceptual distinction between precedent and res judicata. Salmond on Jurisprudence P.J. Fitzgerald (12th Edition) page 141...
Supreme Court: Under which circumstances an issue of law relating to jurisdiction of court erroneously decided in the former proceeding will not amount to res judicata?
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28. In an erudite judgment, speaking for this Court Rohinton Fali Nariman, J. in Canara Bank v. N.G. Subbaraya Setty and Anr. MANU/SC/0433...
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