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Mam ...jo bate apne btai h na ...is topic m...vo na to kisi b book m mention na or na hi kisi or channel p ache se smjai gyi h...thank you so much...mam...it really helpful...
It's really admirable ....all the points covered with cases ....nd your skill to explain is awesome .... thank you for all the hardwork u r taking for this
Very helpful video mam for law student and I also see all video. I understand all sections what is meaning of section in this video, so thank you mam for that ...
Hello my if we saw the section 10 of CPC Section 10 of CPC deals with stay of suit means same matter will not adjudicated in various court how can in former suit firstly decided matter will be the former suit
Section 10 talked about putting a stay on trail in subsequent case, whereas Section 11 says that case shall not be adjudicated which has already been adjudicated by a formal court. example- A and B had a dispute which is going on in Tees hazari court, and decided in the favour of A. Then B cannot file the same case again in rohini court... But Section 10 puts a bar on proceedings of case if the case is already going on. Hope that is clear? '
Case 1- Maybe ma'am was mentioning the explanation given in Section 10 of CPC, wherein it is stated that "The pendency of a suit in a foreign Court does not preclude the Courts in 1 [India] from trying a suit founded on the same cause of action." So court A could have been a Court from England and Court B from India. Or, Case 2- The example can be altered, and instead of the 2012 case being put on hold (jiska maamla nahi aaya as per ma'am) let us suppose in 2015 our 2012 case was decided, now coming back to the 2014 waala case, it can be up on hold on until the suit which was instituted in 2012 has been decided which is in 2015 as per our example (because as per section 10 "Stay of suit" as its name suggests, our 2014 case was put on stay i.e. hold by res sub judice because 2012 case was instituted before 2014 case) and as soon as 2012 case gets decided in 2015, 2014 case is resumed from hold/stay, but due to the fact that both the 2012 case and 2014 case were exactly the same and the fact that the 2014 case was filed only and only because the 2012 case was not decided yet, as soon as the 2014 case is resumed due to the conclusion of case of 2012 in 2015, the case of 2014 which was put on hold would be resumed on 2015 too after conclusion of 2012 case in 2015 because the only reason it was on hold/stay was due to res Sub Judice and that same conclusion of the 2012 case would instantly make the 2014 case which resumed in 2015 Res Judicata as the 2012 matter got decided in 2015 had the exact same facts as the case in 2014. This was the most logical conclusion I could come to, any insights are much appreciated.
@@MuskanGupta-i8x ChatGPT said this:- Great observation! The filing of the same cases involving the same parties and issues could indeed invoke the doctrine of res sub judice under Section 10 of the CPC, rather than proceeding to res judicata under Section 11. Let’s clarify the distinction and how these doctrines operate in the context of the example. Distinction Between Res Sub Judice and Res Judicata Res Sub Judice (Section 10): This applies when two suits are pending at the same time between the same parties, involving the same matter in issue. The subsequent suit is stayed until the earlier suit is decided. The principle prevents parallel litigation and contradictory judgments. Res Judicata (Section 11): This applies when one suit has already been decided by a competent court, and the same matter is raised in a new suit. The subsequent suit is barred entirely, as the issue has already been decided. Applying This to the Example In the example of Case A (filed in 2015, decided in 2020) and Case B (filed in 2018, decided in 2019), the timeline and legal principles must be examined: At the Time of Filing Case B in 2018: Case A was already pending in court. Under Section 10, the court hearing Case B should have stayed it until Case A was resolved. However, Case B Was Decided in 2019: If the court ignored Section 10 and decided Case B anyway, its decision becomes the "former suit" for res judicata purposes, as per Explanation I of Section 11. Key Point: Ideally, Case B should not have been decided before Case A due to the operation of res sub judice. But once Case B is decided, the doctrine of res judicata applies to bar any re-litigation of the same issue in Case A or elsewhere. Conclusion Res sub judice prevents simultaneous adjudication of the same matter by staying the subsequent suit. If a court mistakenly allows parallel adjudication, and one case is decided first, the principle of res judicata comes into play to ensure that the decided case becomes binding. In the example, Case B should have been stayed under res sub judice. However, its earlier decision (though procedurally improper) creates a binding effect under res judicata once decided. This interplay ensures no conflicting judgments, even if procedural missteps occur.
Thank you so much ma'am for making such quality content. I am really great full to you ♥️. U will definitely get million and millions of subscribers. Your vedios are so informative all in one you explain each and everything which is required it is really helpful for me and for all the other law students who are preparing for the exam.
Former suit-mam agr 2020 mei same hi issue pe same parties hi suit fil kregi to sec 10 nhi apply ho jayega???????to former suit ka concept kaise hoga?????
Maam apne kaha ki agar ek suit 2012 mein file hua hai aur same Suit 2014 mein dubara kisi aur court mei file kiya gaya lekin 2014 wala pehle decide ho gaya to isme 2014 wala former suit mana jayga,Iska matlab 2012 wala pending tha to 2014 wale court ne proceedings age kaise badaya kyuki waha par to res sub judice apply hona chahiye tha suit to already pending hai Court mein? Kindly answer me
Dear Madam as per the Constructive Res judicata if the matter which ought or should have been made but not raised and the matter is decided then it is assumed that the matter which was not raised has also been decided .So the question is how can the case be taken forward / pursued furthur I mean does it also disqualify for appeal in higher court or is it Res Judicata in same court but can be taken up / raised in Higher Court in appeal . Please guide Thanks in advance
Ma’am agar section 10 bolta hai stay of suit then accordingly decision toh dusra court de nahi sakta because of stay in suit …section 11 explanation 1 m dusre court ne decision kese diya ??
whether any changes in the interpretation of relevant provision of law permits the parties to re-agitate matters which have been decided by a court of competent jurisdiction?
यहां CPC की सारी वीडियोस मिलेंगी👇👇👇👇
CIVIL PROCEDURE CODE 1908 IN HINDI FOR PCSJ HNBGU: ua-cam.com/play/PLIj2toeLd48A297HGFVZ8RX_21pPSOGgr.html
💰📒For purchasing Evidence video lecture notes S17 to 167, mail me here : znt70600@gmail.com
Price : 100 Rs / only
💰📒For purchasing IPC video lecture notes S1 to 511, mail me here : znt70600@gmail.com
Price : 100 Rs / only
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Mam wll you provide cpc notes
Well done mam. Keep it up. U explain everything every issue in detail. Jazak Allah stay blessed Ameen
Simple definition of Res Judicata “Once decided is always decided”
How amazing lecture mam..even mei apk lectures dekh k sun k notes b banati hu mam..u so great Allah bless u mam..apko Jldi se success mile😍😘🤗
yeah same mam mere vi kaafi notes ban gye mam ki teaching he boht achi hai thode time me poora topic ache se kra dete hai without wasting time
Very Good lecture Madam
Mam ...jo bate apne btai h na ...is topic m...vo na to kisi b book m mention na or na hi kisi or channel p ache se smjai gyi h...thank you so much...mam...it really helpful...
It's really admirable ....all the points covered with cases ....nd your skill to explain is awesome .... thank you for all the hardwork u r taking for this
ma'am, You have made the subject pretty much intereseting.
Thank you for all your efforts.
Very helpful video mam for law student and I also see all video. I understand all sections what is meaning of section in this video, so thank you mam for that ...
wow so elaborate and precise content, its great to have a teacher like you and thanks a lot for keeping it minimum yet covered every imp aspect.
Kafi time se confusion tha finally samjh aa gaya thank you so much 🤗🤗🤗🤗🤗
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i watch your lecture by mistake i want search cpc Pakistan but i watch your completed lecture your explain way is best
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Finest video on res judicata
Mam your explanation is much better
I wish you were my Teacher 💝❤️ Allah bless you
Hello my if we saw the section 10 of CPC
Section 10 of CPC deals with stay of suit means same matter will not adjudicated in various court how can in former suit firstly decided matter will be the former suit
Section 10 talked about putting a stay on trail in subsequent case, whereas Section 11 says that case shall not be adjudicated which has already been adjudicated by a formal court. example- A and B had a dispute which is going on in Tees hazari court, and decided in the favour of A. Then B cannot file the same case again in rohini court... But Section 10 puts a bar on proceedings of case if the case is already going on.
Hope that is clear?
'
Not clear yet....former suit means which decided first but when we can't apply another suit on same title then how?
Case 1- Maybe ma'am was mentioning the explanation given in Section 10 of CPC, wherein it is stated that "The pendency of a suit in a foreign Court does not preclude the Courts in 1
[India] from trying a suit founded on the same cause of action." So court A could have been a Court from England and Court B from India.
Or,
Case 2- The example can be altered, and instead of the 2012 case being put on hold (jiska maamla nahi aaya as per ma'am) let us suppose in 2015 our 2012 case was decided, now coming back to the 2014 waala case, it can be up on hold on until the suit which was instituted in 2012 has been decided which is in 2015 as per our example (because as per section 10 "Stay of suit" as its name suggests, our 2014 case was put on stay i.e. hold by res sub judice because 2012 case was instituted before 2014 case) and as soon as 2012 case gets decided in 2015, 2014 case is resumed from hold/stay, but due to the fact that both the 2012 case and 2014 case were exactly the same and the fact that the 2014 case was filed only and only because the 2012 case was not decided yet, as soon as the 2014 case is resumed due to the conclusion of case of 2012 in 2015, the case of 2014 which was put on hold would be resumed on 2015 too after conclusion of 2012 case in 2015 because the only reason it was on hold/stay was due to res Sub Judice and that same conclusion of the 2012 case would instantly make the 2014 case which resumed in 2015 Res Judicata as the 2012 matter got decided in 2015 had the exact same facts as the case in 2014.
This was the most logical conclusion I could come to, any insights are much appreciated.
@@MuskanGupta-i8x ChatGPT said this:-
Great observation! The filing of the same cases involving the same parties and issues could indeed invoke the doctrine of res sub judice under Section 10 of the CPC, rather than proceeding to res judicata under Section 11. Let’s clarify the distinction and how these doctrines operate in the context of the example.
Distinction Between Res Sub Judice and Res Judicata
Res Sub Judice (Section 10):
This applies when two suits are pending at the same time between the same parties, involving the same matter in issue.
The subsequent suit is stayed until the earlier suit is decided.
The principle prevents parallel litigation and contradictory judgments.
Res Judicata (Section 11):
This applies when one suit has already been decided by a competent court, and the same matter is raised in a new suit.
The subsequent suit is barred entirely, as the issue has already been decided.
Applying This to the Example
In the example of Case A (filed in 2015, decided in 2020) and Case B (filed in 2018, decided in 2019), the timeline and legal principles must be examined:
At the Time of Filing Case B in 2018:
Case A was already pending in court.
Under Section 10, the court hearing Case B should have stayed it until Case A was resolved.
However, Case B Was Decided in 2019:
If the court ignored Section 10 and decided Case B anyway, its decision becomes the "former suit" for res judicata purposes, as per Explanation I of Section 11.
Key Point:
Ideally, Case B should not have been decided before Case A due to the operation of res sub judice.
But once Case B is decided, the doctrine of res judicata applies to bar any re-litigation of the same issue in Case A or elsewhere.
Conclusion
Res sub judice prevents simultaneous adjudication of the same matter by staying the subsequent suit.
If a court mistakenly allows parallel adjudication, and one case is decided first, the principle of res judicata comes into play to ensure that the decided case becomes binding.
In the example, Case B should have been stayed under res sub judice. However, its earlier decision (though procedurally improper) creates a binding effect under res judicata once decided.
This interplay ensures no conflicting judgments, even if procedural missteps occur.
Matter pe Jo decision Aaya h kya USKO appeal me uthaya jaa skta h kya? Please clear
Thank you so much ma'am for making such quality content. I am really great full to you ♥️. U will definitely get million and millions of subscribers. Your vedios are so informative all in one you explain each and everything which is required it is really helpful for me and for all the other law students who are preparing for the exam.
Kya res judicata stay suit par bhi lagu hota hai
Former suit-mam agr 2020 mei same hi issue pe same parties hi suit fil kregi to sec 10 nhi apply ho jayega???????to former suit ka concept kaise hoga?????
Aap sec 80 cpc pe ek lecture bnaye plz kya sec 80 Writ jurisdctn me apply krta is pe koi case hi
You’re the best.
Maam apne kaha ki agar ek suit 2012 mein file hua hai aur same Suit 2014 mein dubara kisi aur court mei file kiya gaya lekin 2014 wala pehle decide ho gaya to isme 2014 wala former suit mana jayga,Iska matlab 2012 wala pending tha to 2014 wale court ne proceedings age kaise badaya kyuki waha par to res sub judice apply hona chahiye tha suit to already pending hai Court mein?
Kindly answer me
Bahut badhiya 🙏
Mam appeal pe bhi lagta hai res judicata ?
U speak excellent roman language👌👌
Explanation 1 ke case mein sec 10 Res Sub judice apply nhi hoga?
Superb zenat ji grt yar
what a explnation madam.....keep it up🙂🙂
Bhyi acha explain kia 😀🤟
Very nice and gently explained 🙏🙏
Excellent and exceptional......
nice video very informative
Informative video
Allready compromise decre ke bad fir file Kiya suit ko Res judicata applied hoga
Thanks for your information
Nice good appreciate u
Good explanation..
Mam Your all videos are very helpful for us.can you please upload the videos for company law, please
Mam Kya aap company law k liye videos upload kr skte ho
Thank u very very much ma'am ❤️❤️❤️
Thanks ma'am 🥰
Excellent job
Dear Madam as per the Constructive Res judicata if the matter which ought or should have been made but not raised and the matter is decided then it is assumed that the matter which was not raised has also been decided .So the question is how can the case be taken forward / pursued furthur I mean does it also disqualify for appeal in higher court or is it Res Judicata in same court but can be taken up / raised in Higher Court in appeal . Please guide Thanks in advance
there is a case of decree holder vs udgmentdeptor of kerala high court kindly explain that matter
Ma’am agar section 10 bolta hai stay of suit then accordingly decision toh dusra court de nahi sakta because of stay in suit …section 11 explanation 1 m dusre court ne decision kese diya ??
Very good dear,,,,,
whether any changes in the interpretation of relevant provision of law permits the parties to re-agitate matters which have been decided by a court of competent jurisdiction?
Very nice 👌👍
Hello ma'am mjhe CPC ki pdf chahiye kaise milegi
thanks great
thanku
Excellent
Kindly explanation vii and viii acche se pura samjhaie... alag se ek video banaiye plz very important case laws k upar...
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How I can download this video
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Thank you so much.
Thank you ma'am
In appeal ??
Thanx madam
Kash a hindi me notes provide kr pati but fr v superb
Nice👍
Mam app Hindi main bhi notes banaya kijiye please jisse exam m likhne main aur notes bnane m dikkat na ho
Nice mam
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Judiciary exam Note milega .?
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Maam appeal nhi kr skhty h
Hi.... How can we get this notes
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Ufff definition🥺🥺😳
Nice
Commendable job 👏
Please explain gulam abbas vs state of up
your city
Why suit filed in the year 2014 was not stayed u/s 10 CPC
Same question..
Did you get the answer? Please tell me
zeenatma'am pls clear our doubt
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aap court case karte hain kya
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