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  Res Sub Judice:- Section 10 CPC relates to Res sub judice,a matter which is pending a judicial adjudication. Res Judicata and Res Sub Judice are two fundamental legal doctrines under civil procedure law designed to prevent the abuse of the judicial system and ensure the efficient administration of justice. The core distinction is that Res Judicata applies to a matter that has already been finally decided , whereas Res Sub Judice applies to a matter that is currently pending trial .   Comparison Table   Feature Res Sub Judice Res Judicata Literal Meaning "Under judgment" or under judicial consideration. "A matter judged" or a thing already decided. Legal Provision Section 10 of the CPC . Section 11 of the CPC. Status of Former Suit The previous suit must be pending in a court. The previous suit must be finally decided. ...

  Res Judicata:Applicability:- Doctrine of res judicata is applicable even to Writ jurisdiction exercised by Superior Courts (Shiv Chander More vs Lt. Governor (2014) 11 SCC-744.A Constitution Bench of Supreme Court of India has considered the applicability of rule of res judicata in Writ proceedings under Article 32 of the Constitution in Daryao & ors vs State of UP & ors (AIR 1961 SC-1457 ).In Forward Construction Co. vs Prabhat Mandal (1986) 1 SCC-100 , the Apex Court   held that the principle would apply to Public Interest Litigation   provided it was a bona fide litigation. Res judicata applicable on Execution proceedings ( Dipali Biswas vs Nirmalendu Mukherjee,2021 SCC Online SC-869 ).The principle of res judicata   would apply in different proceedings arising out of the same course of action but would also apply in different stages of the same proceedings (Bhanu Kumar Jain Vs Archana Kumar & anr (2005) 1 SCC-787 ).  

  Res Judicata-Principle-Section 11 C.P.C.:- The doctrine of Res Judicata (meaning "a matter judged") is a core legal principle stating that once a final judgment has been handed down on a case by a competent court, the same parties cannot litigate that exact matter again. This doctrine of res judicata is attracted not only in separate subsequent proceedings but also at the subsequent stage of same proceedings. Such a binding decision cannot be ignored even on principle of per incuriam because that principle applies to precedents and not to doctrine of res judicata (Ramachandra Rao vs Nagabhushana Rao : 2024) 17 SCC-361).   Pre-requisites of making   Res Judicata binding are: 1.       There must be a final judgment; 2.       The judgment must be on the merits; 3.       The claims must be the same in the first and second suits; 4.       The parties in the se...

  Res Judicata :-                   Re Judicata is a plea available in Civil proceedings in accordance with Section 11 of Code of Civil Procedure. It is a doctrine applied to give finality to ‘lis’ in original or appellate proceedings. As per the Law Lexicon “ res adjudicate” means “A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment; a thing definitely settled by judicial decision, the thing adjudged”. In Corpus Juris, it has been stated,” res judicata is a rule of universal law pervading every well regulated system of jurisprudence and is put upon two grounds, embodied in various maxims of the common law; the one, public policy and necessity, which makes it to the interest of the state that here should be an end to litigation, the other, the hardship to the individual that he should not be vexed twice for the same cause”.    ...

  In a Motor Accident Claim, Loss suffered by Parents cannot be assessed with arithmetical precision:- The Supreme Court emphasized that determining compensation for a child's death under the Motor Vehicles Act must prioritize fairness and solace over rigid mathematical precision. "The loss suffered by the parents of the deceased cannot be measured with arithmetical precision, and the compensation awarded, viewed holistically, cannot be said to transgress the bounds of 'just compensation' under the MV Act,"  the Court observed. Akash Kumar, a CA Final student, died at 3:00 a.m. when his car struck an unlit, unreflective truck parked negligently on a dark Delhi road. The Tribunal awarded ₹81.21 lakh after finding the truck driver negligent, and following the High Court's affirmation, both the insurer and the claimants appealed to the Supreme Court seeking a reduction and enhancement of the compensation, respectively. Rejecting the insurer’s claim of e...

  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.