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.
Which river was known as the ‘Sorrow of Bengal’?
Which one of the following was an important contributing factor in the rise of Magadha as the most powerful Mahajanapada between the Sixth and the Fourt...
Verghese Kurien who is known as the ‘Father of White Revolution’ was also a recipient of _______.
Which symbiotic bacterium is responsible for nitrogen fixation?
The ‘Bangar’ of the northern great plain of India is-
Which instrument is played by Pandit Ravi Shankar?
By what name is the maintenance of bee hive?
Art of cultivation of forest trees is called __________.
Who among the following was the first woman commando trainer in India?
Until October 2023, what is the highest exchange value of Pound Sterling in terms of INR, setting a record high since 1947?