Category Archives: Civil Procedure

[Case Brief] Ghanshyam Dass and Others v/s Dominion of India and Others, 1984

Ghanshyam Dass and Others v/s Dominion of India and Others was delivered on 20 March 1984 by a three-judge bench consisting of Justice AP Sen, Justice DA Desai, Justice V. Balakrishna Eradi. The instant judgment was ordered by Justice AP Sen. The instant judgment thus dealt with the following important sections/acts: (1) Section 80 of […]

[Case Brief] Union of India v/s Khader International Constructions & Others, 2001

Union of India v/s Khader International Constructions & Others was decided on 8th May 2001 by a two-judge bench of the Honourable Supreme Court of India. The appellant in the present case is the Union of India, while the first respondent is a limited company by name Khader international Constructions Ltd. Brief Facts and Procedural […]

[Case-Brief] Shankar Balwant Lokhande v/s Chandrakant Shankar Lokhande & Others, 1995

A preliminary decree is the one which declares the rights and liabilities of the parties leaving the actual results to be worked out in further proceedings. Then, as a result of the further proceedings conducted pursuant to the preliminary decree, the rights of the parties are fully determined and a decree is passed in accordance […]

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 […]

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