Author: Snigdha Mohapatra

Articles LexCliq

OBJECTIONS AS TO MISJOINDER AND NON-JOINDER OF PARTIES by Snigdha Mohapatra @LexCliq

All objections on the ground of non-joinder or misjoinder of parties must be taken at the earliest opportunity, otherwise they will be deemed to have been waived. But, if the objections as to non-joinder of necessary party has been taken by the defendant at the earliest stage and the plaintiff declines to add the necessary […]

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Confession as Evidence by Snigdha Mohapatra @LexCliq

The term ‘confession’ is nowhere defined in the Indian Evidence Act. The word ‘confession’ appears for the first time in section 24 of the Indian Evidence Act. All the provisions relating to confession comes under the heading of admission. So it is clear that the confessions are merely species of admission. The definition of the […]

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Expert Opinion by Snigdha Mohapatra @LexCliq

The Indian Evidence Act under Section 45 enumerates the law relating to the Opinion of Experts or commonly known as Expert Opinion/Expert evidence. It states, “When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity handwriting or finger impressions, the opinions upon […]

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Res Subjudice by Snigdha Mohapatra @LexCliq

Res means every object of right that forms the subject matter in a particular case. In Latin, the term Sub-judice means ‘under a judge’ or in other words, a matter ‘under consideration’. It means a cause that is under trial or pending before a court or judge. The principle of res sub-judice prevents the court […]

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RES JUDICATA by Snigdha Mohapatra @LexCliq

Section 11 of the Code of Civil Procedure incorporates the doctrine of res judicata. This doctrine is not merely a technical doctrine. It is a fundamental doctrine based on the principle of conclusiveness of the judgement and the finality of the litigation. “One suit and one decision are enough for any single dispute”. Where a […]

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