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In the case of National Institute of MH & NS v. C. Parameshwara AIR 2005 SC 242 The fundamental test to attract s 10 is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit. In the case of MSM Sharma Vs. Krishna Sinha AIR 1960 SC 1186- Section 10 bars the trial of a suit or an issue in which the matter directly and substantially in issue has already been adjudicated upon in a previous suit. Moreover public policy requires that there should be an end of litigation. The question whether the decision is correct or erroneous has no bearing on the question whether it operates or does not operate as res judicata otherwise every decision would be impugned as erroneous and there would be no finality. In the case of Pukhraj D. Jain v. G. Gopalkrishna AIR 2004 SC 3504- It was held by the Court that it is not for litigant to dictate to the Court as to how the proceedings should be conducted, it is for the court to decide what will be the best course to be adopted for expeditious disposal of the case.
Who is responsible for establishing one or more Micro and Small Enterprises Facilitation Councils, and how is this done as per the provisions of MSMED A...
A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of ...
In case of fraud there is unlimited liability, has been provided for under which section of LLP Act?
In which of the following situations a joint sitting can be summoned of both houses of the parliament?
The instrument appointing a proxy shall ________________
As per the provisions of the Companies Act the IEPF shall be credited with____________________
No banking company shall hold any immovable property howsoever acquired_________________
According to the SEBI Act the Central Government may supersede Board for period not more than______.
Under the Occupational Safety, Health and Working Conditions Code, how many days in a week can a worker typically be allowed to work in an establishment?
When a conciliation is ongoing on a subject matter of dispute between the parties, ____________