Distinction between two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’

Supreme Court of India in Vareed Jacob vs Sosamma Geevarghese & Ors on 21 April, 2004   The Parliament consciously used two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’ which obviously would carry two different meanings. The expression ‘ancillary’ means aiding, auxiliary; subordinate; attendant upon; that which aids or promotes a proceeding regarded as the principal.… Read More Distinction between two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’

Distinction between Res-Judicata and Order 2 Rule 2 of the Code of Civil Procedure

In Alka Gupta vs Narender Kumar Gupta on 27 September, 2010 Supreme Court held : Plea of res judicata is a restraint on the right of a plaintiff to have an adjudication of his claim. The plea must be clearly established, more particularly where the bar sought is on the basis of  constructive res judicata. The… Read More Distinction between Res-Judicata and Order 2 Rule 2 of the Code of Civil Procedure

Distinction between a Suit under Section 77 of the Registration Act and a Suit for specific performance of a Contract of sale

Scope of a suit under Section 77 of the Registration Act and of the distinction between a suit under Section 77 of the Registration Act and a suit for specific performance of a contract of sale. The suit that is contemplated by Section 77 of the Registration Act is one for a decree directing the… Read More Distinction between a Suit under Section 77 of the Registration Act and a Suit for specific performance of a Contract of sale