Evidence Act, 1872, Section 138 -- Cross-examination of defendant by co-defendant - Permissible when there is conflict of interest and defendant has deposed against interest of co-defendant...........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
Evidence Act, 1872, Section 137, 138 -- Cross examination of co-defendant or his witnesses - Permissible only when there is conflict of interest between the two defendants and not when his interest is not hostile to that of the co-defendant or when nothing has been said by defendant to affect the interest of co-defendant...........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Evidence Act, 1872, Section 137 -- Cross-examination of co-defendant - Permissible only when there is conflict of interest between them either in the pleadings or in the evidence...........
Constitution of India, 1950, Article 13 -- Balancing between intra-fundamental rights - It has been distinctly understood that test that has to be applied while balancing two fundamental rights or inter-fundamental rights, principles to be applies in intra-conflict between same fundamental rights - No fundamental right is absolute and it can have limitations in certain..........
Constitution of India, 1950, Article 21 -- Fair Trial - Fair trial which is constitutionally protected as substantial right u/Art.21 and also statutory protection, does invite for consideration a sense of conflict with interest of victim(s) or collective/interest of society - When there is an intra-conflict in respect of same fundamental right from true perceptions, it is..........
Land Acquisition (Amendment) Act, 1984, Section 15, 30(2), Land Acquisition Act, 1894, Section 23(2) - - Applicability of amended provision as to 30% solatium and 15% interest on the amounts due in pending cases and any award made between 30.4.1982 to 24.9.1984 - As there is no conflict with regard to S.30(2) of Amendment Act, therefore, claimants are entitled to solatium..........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Scope of Regulation 33 - Rule restrains a lawyer from acting for another client on the ground of conflict of interest as duty of lawyer owed to his former client, not to act prejudicially to his interest, does not come to an end with termination of earlier case of his client..........
