When a Foreign Judgement will not be Conclusive and Binding upon the Court?

Under Section 13 of the Code, a foreign judgement is conclusive and will operate as res-judicata between the parties thereto except in the cases mentioned therein.In other words, a foreign judgement is net conclusive as to any matter directly adjudicated upon, if one of the conditions specified in clauses (a) to (f) of Section 13 is satisfied and it will then be open to a collateral attack. ADVERTISEMENTS: In the following six cases, a foreign judgement shall not be conclusive (Section 13(a) to (f)). A. Foreign Judgement not by a Competent Court: It is a fundamental principle of law that the judgement or order passed by the Court which has no jurisdiction is null and void. Thus, a judgement of a foreign Court to be conclusive between the parties must…
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Short Essay on Marine Environment | Essay

Essay on the Physico-Chemical Characteristics of Marine Environment !The marine environment of seas and oceans is large, occupy­ing 70 per cent of the earth’s surface. The volume of surface area of marine environment lighted by the sun is small in comparison to the total volume of water involved. This and the dilute solution of nutrients limit production. It is deep, in places nearly more than 6 kilometers. image source: unesco.org ADVERTISEMENTS: All the seas are interconnected by currents, domi­nated by waves, influenced by tides and characterized by saline waters. Not only the seashore and banks which are the homes of many organisms but the open ocean, many hundreds of kilometers away from land, supports plant and animal communities of great diversity and complexity. Physico-Chemical Aspects of Marine Environment: In the…
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What are the Differences between Revision and Appeal?

Differences between Revision and Appeal are as follows: Revision: The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears:(1) To have exercised a jurisdiction not vested in it by law, or Image Source: ppmta.ie ADVERTISEMENTS: (2) To have failed to exercise a jurisdiction so vested, or(3) To have acted in exercise of its jurisdiction illegally or with material irregularity.The High Court may make such order in the case as it thinks fit. ADVERTISEMENTS: Proviso to Sec. 115, lays down that no revision application shall lie against an interlocutory order unless either of the two conditions is satisfied namely:1) that if the orders were made…
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Classification of Offences under Indian Criminal Laws

There are three types of classification of offences under Indian Criminal Laws:(i) Cognizable and non-cognizable offences:All offences are divided into two categories—cognizable offences and non-cognizable offences. As per section 2(c) of the Code of Criminal Procedure, a ‘cognizable offence’ means an offence for which a police officer may, in accordance with the First Schedule of the Code or under any other law, arrest without warrant. According to Section 2(1), a non-cognizable offence means an offence for which a police officer has no authority to arrest without warrant. Image Source: mybiginsurance.com ADVERTISEMENTS: The Code of Criminal Procedure has not given any guidelines to determine whether a particular offence is cognizable or non-cognizable. However, the Code contains the Schedule I which refers to all the offences under the Indian Penal Code and…
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Top 3 Quantitative Characters of Community | Essay

Essay on the Top 3 Quantitative Characters of Community ! 1. Density: Density represents the numerical strength of the species in the community. Plants grow at varying distance in respect with each other. The number of plants in a unit area gives an idea of its density. The density of various species in a community varies in time and space and affects the community structure. image source: 435729.medialib.glogster.comDensity gives an idea of competition. If density is more, it means there is more degree of competition between the indivi­duals of the species. Density is expressed as number of individuals per unit area and is calculated as follows: ADVERTISEMENTS: Density = Total number of individuals of the species in all the sampling units / Total number of sampling units studied 2. Frequency:…
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3 Important exceptions to the general rule that a person tried and convicted or acquitted of an offence cannot be tried again for the same offence

The following are three exceptions to the general rule that a person tried and convicted or acquitted of an offence cannot be tried again for the same offence.(i) As per sub-section (2) of Section 300 of the Code, a person acquitted or convicted of any offence may be afterwards tried with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of Section 220 of the Code. Section 300(2) of the Code applies only when both complaints relate to same offence. The expression ‘distinct offence’ means an offence entirely unconnected with a former offence charged. Image Source: ooneytunes09.files.wordpress.com ADVERTISEMENTS: Illustrations:(a) A is charged by a Magistrate of the second class with, and…
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2 Main Power of High Court to Revision Cases

The 2 Most Important High Court’s powers of revision are listed below: (i) Specific powers: According to Section 401(1) of the Code of Criminal Procedure, in the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 386 (powers of the Appellate Court), 389 (suspension of sentence pending the appeal; release of appellant on bail); 390 (arrest of accused in appeal from acquittal) and 391 (Appellate Court may take further evidence or direct it to be taken) or on a Court of Session by Section 307 (power to direct tender of pardon), and, when the Judges composing the Court…
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10 Salient Features of the Probation of Offenders Act, 1958

The 10 Most Important Salient Features of the Probation of Offenders Act, 1958 are listed below:(1) The Probation of Offenders Act, 1958 is intended to reform the amateur offenders by rehabilitate in society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence by keeping them in jails along with hardened criminals. Image Source: i.ytimg.com ADVERTISEMENTS: (2) It aims to release first offenders, after due admonition or warning with advice who are alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of any offence punishable with imprisonment for not more than two years, or with fine, or with both.(3) This Act empowers the Court to release certain offenders on probation…
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9 Important grounds under which a Bail may be cancelled

9 Important grounds under which a bill may be cancelled are mentioned below:As per Section 439(2) of the Code of Criminal Procedure, a High Court or Court of Session may direct that any person who has been released on bail under Chapter XXXIII (i.e., relating to bail) be arrested and commit him to custody. Image Source: cdn.renewcanceltv.com ADVERTISEMENTS: A person admitted to bail by the High Court could be committed to custody only by the High Court. Similarly, a High Court has power to stay bail order passed by Session Courts, if it thinks appropriate to do so.A Court of Session can cancel the bail granted by itself and cannot cancel a bail granted by the High Court unless new circumstances arise during the progress of the trial after an…
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Short Essay on Alpine Biome (529 Words)

Here is your essay on Alpine Biome !The region of mountain above the timber line contains a dis­tinct flora and fauna and is referred to as the alpine zone. Alpine zone remains conspicuous in those mountains whose peaks reach up to the niveal or snow zone, as in the Himalayas. image soure: 6932024ba42556b26407-a85c761a6bd49913b8d52eb0d7ddeadd.r85.cf2.rackcdn.com ADVERTISEMENTS: The alpine zone (zone which lies between timber line and snow zone) includes in the descending order, a sub-snow zone immediately below the snow zone a meadow zone in the centre and a shrub zone which gradually merges into the timber zone.According to Mani (1957) snow zone of Himalayas lies over 5100 m above mean sea level and alpine zone exists at a height of 3600 m. From an ecological view point, the zone above the…
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