Category Archives: Civil Procedure

[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 […]

[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 […]