S.No. | List of Doctrines | Meaning | Section Number |
1. | Nam Nemo Haeres Viventis | No one is an heir of a living person | Section 2 |
2. | Ubi jus ibi remedium | Where there is a right, there is a remedy | Section 9 |
3. | Principle of exclusion of jurisdiction | A litigation having a grievance of a civil nature has, independent of any statute, a right to institute a suit in a civil court unless its cognizance is either expressly or impliedly barred. | Section 9 |
4. | Doctrine of Res sub judice | A thing or matter under consideration or pending adjudication | Section 10 |
5. | Doctrine of Res judicata | Matter adjudicated | Section 11 |
6. | Rule of Conclusiveness | Once the matter is finally decided by the court no one can reopen it in a subsequent litigation | Section 11 |
7. | Interest Republicae ut sit finis litium | It is for the public good that there be an end to litigation | Section 11 |
8. | Nemo debet bis vexari pro turn et eadem causa | No person should be punished twice for the same offence | Section 11 |
9. | Res judicata pro veritate accipitur | A judicial decision must be accepted as correct | Section 11 |
10. | Boni Judicis Lites Dirimere Est | It is the duty of a good judge to prevent litigation | Section 11 |
11. | Doctrine of Constructive Res judicata (Artificial form of Res judicata) | Where the parties have had an opportunity of raising a matter that should be taken to be the same thing as if the matter had been actually raised and decided | Section 11(4) |
12. | Principles of Private International Law | Judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian Court and will operate as res judicata between the parties except in the cases mentioned in Section 13. | Section 13 and 14 |
13. | Equity acts in personam | the equity applies to a person rather than a property. | Section 16 proviso |
14. | Doctrine of Crown Debts | The section deals with the distribution of assets. The proceeds of the execution sale is to be rateably distributed among the decree holders. | Section 73(3) |
15. | Doctrine of Cypres | It gives Court the power to interpret the terms of a will, gift, or charitable trust. | Section 92 |
16. | Letters Patent Appeal | It is an appeal by a petitioner against a decision of a single judge to another bench of the same court. | Section 100A |
17. | Doctrine of Restitution | The act of restoring a thing to the proper owner | Section 144 |
18. | Actus curiae neminem gravabit | The act of court shall prejudice no one | Sections 144, 151 |
19. | Doctrine of Merger | The section deals with the power to amend decree or order where appeal is summarily dismissed. | Section 153A |
20. | Doctrine of Claims | The rule deals with splitting of claims | Order II Rule 2 |
21. | Doctrine of Waiver | Only the material facts are to be stated in the pleading and not the evidence | Order VI Rule 2 |
22. | Ex parte | Proceeding by one party in the absence of the other party | Order IX |
23. | Boni Judicis Est Judicium Sine Dilation Mandare Executioni | It is the duty of a good judge to cause execution to issue on a judgment without delay | Oder XXI |
24. | Lex Succurrit Ignoranti | The law succors the ignorant | Order XXXII |
25. | De novo | Starting Afresh | Order XLI Rule 23 |
