Sahayata & Sahayata

  Explain the principle of res-judicata between co-defendants. How res-judicata differs from res-subjudice and estoppel? UK22 I. Principle of Res Judicata between Co-Defendants Res Judicata is embodied under Section 11 of the Code of Civil Procedure, 1908 (CPC) . It bars re-litigation of matters already finally decided between the same parties. Res Judicata between Co-defendants : Though res judicata generally applies between the same parties , in exceptional circumstances, it can apply between co-defendants , provided the following conditions are fulfilled: Conditions (Laid down in Munshi Ram v. Radha Kishan , AIR 1975 SC 2216): There must be a conflict of interest between the co-defendants. It must be necessary to resolve that conflict for the decision in the former suit. The court must have adjudicated upon it expressly . The decision must be final and binding . Example: If in a previous suit between A, B, and C, the court determines that B, and not C, h...

Maxim: “Actus non facit reum nisi mens sit rea” This Latin maxim translates to: “The act does not make a person guilty unless the mind is also guilty.” It represents a foundational principle of criminal law: that criminal liability arises only when there is both a guilty act ( actus reus ) and a guilty mind ( mens rea ). Critical Examination: Dual Elements of Crime: Criminal liability generally requires the coexistence of two elements: Actus Reus – the physical act or omission. Mens Rea – the mental element or intention behind the act. For example, in R v. Prince (1875) , even though the accused believed the girl was over 16, his intentional act was held sufficient for liability due to strict liability in part of the offence. Justice and Fairness: The maxim upholds the principle of moral blameworthiness. Punishing someone without intent (e.g., accidental conduct) may be unjust unless explicitly provided otherwise by statute. R v. Tolson (1889) : A w...

 A crucial question arises: Can the right to mesne profits be attached in execution of a decree? Yes, the right to mesne profits can be attached and executed under Order 21, Rule 42 of CPC. If a decree is passed for possession along with mesne profits, the decree-holder can apply for execution to recover the mesne profits. However, if mesne profits are unascertained , a separate inquiry under Order 20, Rule 12 of CPC is required to determine the exact amount before execution.

  Understanding Mesne Profits and Principles for Determining Their Amount The term "mesne profits" refers to the profits or benefits derived from a property by a person who is in wrongful possession of it. It represents the compensation that the rightful owner of the property is entitled to recover from such a wrongful possessor. 1. Meaning of Mesne Profits The expression mesne profits is defined under Section 2(12) of the Code of Civil Procedure, 1908 (CPC) as follows: "Mesne profits" of property mean those profits which the person in wrongful possession of such property actually received or might, with ordinary diligence, have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession. Thus, mesne profits include: The actual benefits derived by the trespasser from the property. The benefits that could have been obtained with reasonable diligence. Interes...