Posts

Showing posts with the label Res Sub Judice:-

Execution Proceedings-

-
  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
Post a Comment
Read more

Res Sub Judice:-

-
  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. ...
Post a Comment
Read more

Popular posts from this blog

golden principles of circumstantial evidence

-
                 In “ Sharad Birdichand Sarda vs State of Maharashtra” :AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important. 1.      The circumstances from which the conclusion of guilt is to be drawn should be fully established. 2.      The facts so established should be consistent with the hypothesis of guilt. 3.      The circumstances should be of a conclusive nature and tendency. 4.      They should exlcude every possible hypothesis except the one to be proved. 5.      There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that...
Read more

Execution Proceedings-

-
  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
Read more

Scientific and Legal Dimensions of DNA Technology:-

-
  Scientific and Legal Dimensions of DNA Technology             DNA fingerprinting, profiling, or typing is widely considered the most significant contribution of science and technology in the twentieth century. This breakthrough is anticipated to become the universal identification technique of the twenty-first century. This emerging methodology has completely revolutionized the entire world by distinguishing every individual from another. Consequently, it plays a momentous role in both criminal and civil justice delivery systems today. It serves as an invaluable tool for the accurate identification of ancient or fragmented skeletal remains. Medical professionals also rely heavily on this technology for the detection of early onset diseases. Furthermore, it allows for the proactive mapping and diagnosis of various severe inherited disorders. This high-utility identification power stems directly from the biological blueprint fo...
Read more