everything

Question 1

jurisdiction section

Answer 1

sec 9

Question 2

jurisdiction definition

Answer 2

courts to try all civil suits unless barred
the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred

Question 3

wherever there is a right there is a remedy

Answer 3

ubi jus ibi remedium

Question 4

which case defined jurisdiction as judicial power to hear and determine the cause and adjudicate upon it

Answer 4

Hriday nath roy v Akhil chandra roy

Question 5

court will have jurisdiction over a matter only if it has the authority to try the same and as well as pass orders with respect to the same

Answer 5

Official trustee v Sachindra

Question 6

if two or more courts have jurisdiction on the same thing then

Answer 6

the parties may choose which court to go to

Question 7

lack of jurisdiction

Answer 7

the court inherently does not have the power to decide a case

Question 7

irregular exercise to jurisdiction

Answer 7

court wrongly decides a case, there can be an appeal to such cases

Question 8

there is virtually no difference between irregular exercise and and lack of jurisdiction anymore

Answer 8

Anisminic Ltd v Foreign Compensation

Question 9

Basis for deciding jurisdiction

Answer 9

1- the case put forward by the plaintiff in the plaint
2- if court has jurisdiction of primary issues and not collateral issue it may prima facie decide the matter but it may be challenged
3- the jurisdiction of any authority of depends on the fulfilment of the jurisdictional pact
4- court or tribunal has the power to determine jurisdiction
5- when parliament by way on statute confers jurisdiction over a court or tribunal it has the right to exercise the same and no writ or certiorari can be issues against them

Question 10

types of jurisdiction

Answer 10

local/territorial
pecuniary
subject matter
original/appellate

Question 11

res sub judice

Answer 11

sec 10

Question 12

res sub judice explain

Answer 12

no court shall proceed with the trial of any suit , which is previously instituted in which
1- matter is the same
2- parties are the same
3- titles is the same
4- pending in some other competent court
5- which has the jurisdiction
but if its a foreign case it can be heard

Question 13

res sub judice literal meaning

Answer 13

under judgement

Question 14

essential of res sub judice

Answer 14

existence of 2 or more suits- one previously instituted and one subsequently
previously instituted suit is still pending in the same court
the suit the following are the same
-matter
-parties
-title
subsequent court here can be
-same court where the matter was instituted
-any other court in India
-any court outside India established by the central government
supreme court
previous suit court should be competent and have jurisdiction

Question 15

the object of this res subjdice is to protect a person from multiplicity of proceedings and to avoid a conflict of decisions. Also protects the parties from unnecessary harassment

Answer 15

SPA Annamalay Chetty v BA Thornhill

Question 16

res sub judice cannot be applied when the point of issues are distinct and different

Answer 16

Alimallah v Sheik

Question 17

res sub judice cannot be applied when some issues are in common but the rest are different

Answer 17

Abdur v Asrafun

Question 18

res sub judice cannot be applied if parties are same bu issues are different

Answer 18

Manzar v Rema

Question 19

why res sub judice

Answer 19

save time of the court on the same case
avoid conflicts of decrees
avoid misuse by parties otherwise

Question 20

res judicata section

Answer 20

sec 11

Question 21

res judicata

Answer 21

a matter that has been previously heard and decided by a court of competent jurisdiction, may not be pursued further by the same parties
matter, title parties should be same

Question 22

why res judicata

Answer 22

no man should be vexed twice for the same cause
it is in the interest of the state that there should be an end to litigation
a judicial decision must be accepted as correct

Question 23

ex capito res judicata

Answer 23

Roman Law- one suit and one decision is enough for any single dispute

Question 24

res judicata case law

Answer 24

satyadhat ghost v deorjin debi

Question 25

res judicata applies to write petitions too (except habeas corpus)

Answer 25

Daryo Singh v state of UP

Question 26

Foreign Court

Answer 26

sec 2(5)- court situated outside india and not established by the central government

Question 27

foreign judgement

Answer 27

2(6)

Question 28

section 13

Answer 28

a foreign judgement should be conclusive when it is directly adjudicated between the same parties, for the title.

Question 29

sec 13 exceptions

Answer 29

1- incompetent jurisdiction
2- against the merit of the case
3- Incorrect view of international law or not respecting Indian law
4- against natural justice
5- Judgement obtained by fraud
6- Claim is a breach of Indian law

Question 30

if the foreign judgement was not given on the basis of merits, the same cannot be executed in India
it was also submitted that proving a decree was not on merit is entirely on the Appellants

Answer 30

M/s International Woollen mills v M/s Standard Wool (UK) Ltd

Question 31

sec 14

Answer 31

Presumption of foreign judgement

Question 32

presumption of foreign judgement should be read consistently with the requirements of sec 86 of the Indian Evidence act 1872

Answer 32

Y Narsimha Rao v Y Venkata Lakshmi v Anr

Question 33

judgement sec + order

Answer 33

sec 2(9) order 20

Question 34

Decree sec + order

Answer 34

sec 2(2) order 20

Question 35

Order given in

Answer 35

sec 2(14)

Question 36

mesne profits sec

Answer 36

section 2(12)

Question 37

parties to a suit which order

Answer 37

Order 1

Question 38

joinder of plaintiffs and defendants

Answer 38

Rule 1 to 4

Question 39

Representative suit

Answer 39

Rule 8

Question 40

Mis-joinder and Non-joinder and objections

Answer 40

Rule 9 and 13

Question 41

Striking out and adding parties

Answer 41

Rule 10

Question 42

Institution of suit

Answer 42

Order 4 + section 26