Practice and Procedure -- Liberty granted to move an appropriate application - Such liberty cannot be construed to permit to re-agitate the very same prayer under the same statutory provision which had already been considered and found inapplicable by High Court...........
Practice and Procedure -- Precedent and res judicata - Distinction - A decision between two parties which sets out a principle of law will operate as a precedent for disputes between two other parties too - Precedent operates in rem - In contrast, a res judicata operates in personam between same parties either in later stage of same litigation between them or in a..........
Service -- Part time contractual instructors/teachers - Fixation of honorarium - Any action of State/Union Government to employ instructors/teachers on a fixed honorarium amounts to `Begar' and unfair practice which is violative of Art.23 of Constitution...........
Practice and Procedure -- Civil and criminal proceedings - Documents relating to Criminal Courts are not admissible in civil trial...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a serving judicial officer holding a responsible public position and is therefore, under a heightened obligation to ensure fair, adequate and dignified financial security for his wife and daughter - Wife who is presently not engaged in legal practice is entitled to maintain a standard of living broadly..........
Practice and Procedure -- Litigant who has not availed appropriate legal remedy against an order cannot be permitted to re-agitate the same issue before same Court at any subsequent stage of proceedings...........
Practice and Procedure -- A party cannot be permitted to re-agitate a concluded controversy by adopting different procedural route or by seeking directions of a nature which would have effect of reopening what has already attained finality...........
Practice and Procedure -- Court or Tribunal before issuing direction for consideration without examining merits must first satisfy itself that claim relates to a alive issue - If claim pertains to a stale or dead issue, Court must put an end to matter rather than enable avoidable, successive rounds of litigation...........
Practice and Procedure -- Petitioners who seeks to claim benefit after long delay, merely upon noticing that others have succeeded, cannot as a matter of course demand similar relief...........
