Author Archives: Aditya Gor

United States Court of Appeals defines criteria for applicability of principles of Res Judicata

The affirmative defence of res judicata requires that the party asserting such a bar bear the burden of showing that the principle applies. To ascertain whether there is a ‘same cause of action’ between two different suits the court has to look into whether the suits involved similar statutes, similar acts, similar wrongs, and necessitated […]

[Case Brief] Pukhraj D. Jain and Others v/s G. Gopalakrishna, 1998

The Honourable Supreme Court in Pukhraj D. Jain and Others v/s G. Gopalakrishna (2004) held that Section 10 of CPC does not put an embargo on the power of the court to examine the merits of the matter. The object of the section is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel […]

[Case Brief] Anees Hameed v/s State of Kerala, 2017

Sruthi and Anees fell in love with each other and decided to get married but this was not supported by Sruthi’s parents because they both belong to different religions- Hindu and Muslim. Against, this Sruthi left the home, got herself converted to Islam and performed a mock marriage. Sruthi’s father lodged a complaint in the […]

[Case-Brief] The RDB Act is a special law and a complete code in itself.

A recovery certificate was issued by the tribunal under section 19(22) of the Recovery of Debt and Bankruptcy Act, 1993. Pursuant to which the Recovery officer passed an order. An appeal against this order can be filed within the period of 30 days but no appeal was preferred in the prescribed period. It is thus […]

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