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To constitute a matter of res judicata which of the following conditions must concur?<br>1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit<br>2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition<br>3. The parties as aforesaid must have litigated under the same title in the former suit<br>4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition<br>5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
A
1, 2
B
3, 4
C
2, 4, 5
D
All of these
Correct Answer:
All of these
In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
1. A civil court of competent jurisdiction
2. A court of exclusive jurisdiction
3. A court of concurrent jurisdiction 'competent to try the subsequent suit'
4. A court of limited jurisdiction competent to try the issue raised in the subsequent suit
A
Either 1 or 3
B
Either 2 or 3
C
Either 3 or 4
D
All of these
Whether an issue heard and finally decided by a competent court of limited jurisdiction shall operate as res judicata in a subsequent suit, that the aforesaid court was not competent of try:
A
No
B
Yes
C
Answer would depend upon the nature of the issue
D
None of the above
Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of Code of Civil Procedure decides the fate of the subsequently filed suit and its proceeding?
A
Section 9
B
Section 10
C
Section 11
D
Section 12
Propositions are:
1. Set-off and counter-claim arises out of the same transaction.
2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
In respect of the aforesaid which is correct:
A
All 1, 2 and 3 are correct
B
1 and 2 are correct 3 is incorrect
C
1 and 3 are correct 2 is incorrect
D
2 and 3 are correct 1 is incorrect
In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?
A
Yes, the principle of res judicata will apply
B
No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'
C
No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai
D
No, because the plaintiff in the first suit is not the plaintiff in the second suit
Read the passage carefully and select the best answer to each question out of the given four alternatives. By practicing mindfulness and other principles, we become more aware of and present to our fears and others fears, bearing witness as a way of healing andempowering. We see the spiritual path as intertwined with the path of social action, with contemplation and action parts of the same whole, each nourishing andguiding the other. Acknowledging that our well-being depends on others makes caring for others well-being a moral responsibility.
Through a “mindful citizen” exercise, we create a story articulating who we are as individuals who are also part of communities. This exercise helps us move beyond cynicism, complacency, and despair, instead infusing us with a sense of purpose. We embrace our gifts, resolving to do our part to promote a sense of common humanity as a means toward social justice.
With this exercise, I believe we can help students bridge their divides and replace anger and distrust with compassionate connections – just as I witnessed betweenShirley and Tiffany.
Shirley returned to class after a brief hiatus, keeping a cool distance from Tiffany. But over the weeks spent together they gradually came to know each other. They practiced seeing and listening, sharing stories so different that they felt bewildered as to how they could overcome the gap. But they found that acknowledging their differences led them to discover a place of deep connection in commonalities, such as being raised by grandmothers, and even wounds, including childhood trauma,that they never imagined existed.
In assessments of these classes, students say that these small groups become “healing communities,” where we overcome victimization and claim agency. Healingoccurs as we transcend an “us vs. them” mentality, crossing borders and forging connections. These communities show a way of reducing intergroup prejudice andfostering inclusion based in psychology research and pedagogical practice. What was the reason behind the strong connection between Shirley and Tiffany?
A
By sharing different stories.
B
Commonalities in their stories.
C
Discussion on fairy tale stories.
D
Sharing their horror experience of past.
A suit was filed and disposed off by a Court which had no territorial jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties.
A
No
B
Yes
C
Depends on the facts and circumstances of each case
D
At the discretion of the court
Read the passage carefully and select the best answer to each question out of the given four alternatives. By practicing mindfulness and other principles, we become more aware of and present to our fears and others fears, bearing witness as a way of healing andempowering. We see the spiritual path as intertwined with the path of social action, with contemplation and action parts of the same whole, each nourishing andguiding the other. Acknowledging that our well-being depends on others makes caring for others well-being a moral responsibility.
Through a “mindful citizen” exercise, we create a story articulating who we are as individuals who are also part of communities. This exercise helps us move beyond cynicism, complacency, and despair, instead infusing us with a sense of purpose. We embrace our gifts, resolving to do our part to promote a sense of common humanity as a means toward social justice.
With this exercise, I believe we can help students bridge their divides and replace anger and distrust with compassionate connections – just as I witnessed betweenShirley and Tiffany.
Shirley returned to class after a brief hiatus, keeping a cool distance from Tiffany. But over the weeks spent together they gradually came to know each other. They practiced seeing and listening, sharing stories so different that they felt bewildered as to how they could overcome the gap. But they found that acknowledging their differences led them to discover a place of deep connection in commonalities, such as being raised by grandmothers, and even wounds, including childhood trauma,that they never imagined existed.
In assessments of these classes, students say that these small groups become “healing communities,” where we overcome victimization and claim agency. Healingoccurs as we transcend an “us vs. them” mentality, crossing borders and forging connections. These communities show a way of reducing intergroup prejudice andfostering inclusion based in psychology research and pedagogical practice. How students can replace their anger and distrust?
A
With the help of compassionate connections.
B
By diverting their mind.
C
By going into deep meditation.
D
By doing some physical exercise.
Read the passage carefully and select the best answer to each question out of the given four alternatives. By practicing mindfulness and other principles, we become more aware of and present to our fears and others fears, bearing witness as a way of healing andempowering. We see the spiritual path as intertwined with the path of social action, with contemplation and action parts of the same whole, each nourishing andguiding the other. Acknowledging that our well-being depends on others makes caring for others well-being a moral responsibility.
Through a “mindful citizen” exercise, we create a story articulating who we are as individuals who are also part of communities. This exercise helps us move beyond cynicism, complacency, and despair, instead infusing us with a sense of purpose. We embrace our gifts, resolving to do our part to promote a sense of common humanity as a means toward social justice.
With this exercise, I believe we can help students bridge their divides and replace anger and distrust with compassionate connections – just as I witnessed betweenShirley and Tiffany.
Shirley returned to class after a brief hiatus, keeping a cool distance from Tiffany. But over the weeks spent together they gradually came to know each other. They practiced seeing and listening, sharing stories so different that they felt bewildered as to how they could overcome the gap. But they found that acknowledging their
differences led them to discover a place of deep connection in commonalities, such as being raised by grandmothers, and even wounds, including childhood trauma,that they never imagined existed.
In assessments of these classes, students say that these small groups become “healing communities,” where we overcome victimization and claim agency. Healingoccurs as we transcend an “us vs. them” mentality, crossing borders and forging connections. These communities show a way of reducing intergroup prejudice andfostering inclusion based in psychology research and pedagogical practice. What makes the others well-being a moral responsibility for us?
A
By way of our concerned nature.
B
As our own well-being depends on others well-being.
C
It depends on one\u2019s upbringing.
D
It is mentioned as a fundamental duty in our Indian Constitution.
Read the passage carefully and select the best answer to each question out of the given four alternatives. By practicing mindfulness and other principles, we become more aware of and present to our fears and others fears, bearing witness as a way of healing andempowering. We see the spiritual path as intertwined with the path of social action, with contemplation and action parts of the same whole, each nourishing andguiding the other. Acknowledging that our well-being depends on others makes caring for others well-being a moral responsibility.
Through a “mindful citizen” exercise, we create a story articulating who we are as individuals who are also part of communities. This exercise helps us move beyond cynicism, complacency, and despair, instead infusing us with a sense of purpose. We embrace our gifts, resolving to do our part to promote a sense of common humanity as a means toward social justice.
With this exercise, I believe we can help students bridge their divides and replace anger and distrust with compassionate connections – just as I witnessed betweenShirley and Tiffany.
Shirley returned to class after a brief hiatus, keeping a cool distance from Tiffany. But over the weeks spent together they gradually came to know each other. They practiced seeing and listening, sharing stories so different that they felt bewildered as to how they could overcome the gap. But they found that acknowledging their differences led them to discover a place of deep connection in commonalities, such as being raised by grandmothers, and even wounds, including childhood trauma,that they never imagined existed.
In assessments of these classes, students say that these small groups become “healing communities,” where we overcome victimization and claim agency. Healingoccurs as we transcend an “us vs. them” mentality, crossing borders and forging connections. These communities show a way of reducing intergroup prejudice andfostering inclusion based in psychology research and pedagogical practice. What does the “mindful citizen” exercise help us in?
A
To be cynical
B
Live in despair
C
Be complacent
D
To get purpose of life