Same Matter - Law Dictionary Search Results
Home Dictionary Name: same matterSame matter
Same matter, as the purpose of the two provisos to s. 3(1) is to avoid conflict, the words 'same matter' in the provisos should be given a wide interpretation and only matters that are not referable to the subject-matter of the inquiry by the Commission appointed by the State can be taken over by the Centre, State of Karnataka v. Union of India, AIR 1978 SC 68: (1977) 4 SCC 608: (1978) 2 SCR 1....
res judicata
res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...
Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
Same subject matter
Same subject matter, the expression 'same subject-matter' includes the cause of action and relief claimed, AIR 1972 Guj 63 (65). (Civil PC, 1908, O. 23, R. 2)...
Distinct matters
Distinct matters, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Board of Revenue v. Andhra Pradesh Benthall, AIR 1956 SC 35 (38)...
Distinct matters and descriptions
Distinct matters and descriptions, in its popular sense, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Member Board of Revenues v. Arthur Paul Benthall, AIR 1956 SC 35. [Stamp Act, (2 of 1899), ss. 4, 5, 6]...
Matters relating to employment
Matters relating to employment, It is now well settled that the expression 'matters relating to employment' used in Article 16(1) is not confined to initial matters prior to the act of employment, but comprehends all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment and from part of the terms and conditions of such employment, such as, provisions as to salary, increments, leave, gratuity, pension, age of superannuation, promotion and even termination of employment. It is further well established that Articles 14, 15(1) and 16(1) from part of the same constitutional code of guarantees and supplement each other. If any authority is needed for the above enunciation, reference may be made to the observations made by Gajendragadkar, J., as he then was, in General Manager, Southern Railway v. Rangachari. The Manager, Government Branch Press v. D.B.Belliappa, AIR 1979 SC 429: (1979) 1 SCC 477: (1979) 2 SCR 458....
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Good cause, sufficient case Difference
Good cause, sufficient case Difference, The differ-ence between the words 'good cause' for non-appearance in O. IX, R. 7 and 'sufficient cause' for the same purpose in O. IX, R. 13 as pointing to different criteria of 'goodness' or 'sufficiently' for succeeding in the two proceedings; and as there-fore furnishing a ground for the inapplicability of the rule of res judicata. As this ground was not seriously mentioned before us, we need not examine it in any detail but we might observe that we do not see any material difference between the facts to be established for satisfying the two tests of 'good cause' and 'sufficient cause'. We are unable to conceive of a 'good cause' which is not 'sufficient' as affording an explanation for non-appearance, nor conversely of a 'sufficient cause' which is not a good one and we would add that either of these is not different 'good and sufficient cause' which is used in this context in other statutes. If, on the other hand, there is any difference bet...
concurrent
concurrent 1 : occurring, arising, or operating at the same time often in relationship, conjunction, association, or cooperation [the power of taxation in the general and state governments is acknowledged to be "McCulloch v. Maryland, 17 U.S. 316 (1819)"] [a tortious act] see also concurrent cause at cause concurrent sentence at sentence 2 : insuring the same property to the same extent under identical terms [ fire policies] 3 : exercised over the same matter or area by two different authorities see also concurrent jurisdiction at jurisdiction concurrent power at power con·cur·rent·ly adv ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial