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Category: Jurisdiction

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Jurisdiction

Daryao v. State of U.P. AIR 1961 SC 1457

ISSUE:

Whether the dismissal of a writ petition filed by a party creates a bar of res judicata against a similar petition filed in the Supreme Court under Article 32 on the same or similar facts and praying for the same or similar writ?

RULE:

Whether or not a writ petition is dismissed in limine and an order is issued in its place, the substance of the order will determine whether or not the dismissal is a bar.

If the decision is on the merits, it will be a bar. On the other hand, if the decision was based on the petitioner’s laches or because of an alternative remedy or if a dismissal in limine is without a spoken order, it will not be a bar.

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Categories
Jurisdiction

Modi Entertainment v. WSG Cricket, (2003) 4 SCC 341

ISSUE:

What is an anti-suit injunction and when can it be granted by a court of natural jurisdiction?

RULE:

Courts in India and England are courts of both law and equity. It is common ground that a court in India has the power to issue anti-suit injunctions to a party over whom it has personal jurisdiction in an appropriate case as courts of equity exercise jurisdiction in personam.

Parties cannot confer jurisdiction where none exists on a court to which the CPC applies. However, in cases where parties agree to submit to the jurisdiction of a foreign court, the foreign court does not permit the invoking of its jurisdiction.

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