A thing adjudged
The legal maxim is of latin origin meaning a matter or thing that has already been judicially decided on the basis of its merits and the same matter cannot be litigated between the two parties again. The maxim is of the belief that for one particular claim between litigants, one judicial contest is enough and reexamination of the same matter is not in the interest of the society. With the rapidly increasing pressure on the judiciary with rising judicial work, attending to a particular matter to one single contest is a reasonable restriction adopted.
A and B were denied to take the same matter of land dispute to Dwarka Court after being attended by Rohini Court already under “res judicata”.
MadhukarD. Shende v. Tarabai Aba Shedage, (Civil Appeal No. 110 of 2002)
The hon’ble court held that, the plea of res-judicata only bars investigation and decision on merits finally decided between parties earlier if the defendant omits to plead the plea of res-judicata and prove the same and the Court investigates and decides matters on merits.
Statement of falsehood
The legal maxim is of latin origin meaning a statement of falsehood or, in simpler words, a false statement. Suggestio falsi is feeding someone lies intentionally to benefit out of it and put the other person in loss. This act amounts to a fraud when the party was bound to disclose the truth in the first place to keep the fairness of the contract. Suggestio falsi is a ground to rescind an agreement or to avoid carrying it to execution.
An Execution is the end and fruit of the law.
- Here, the term “execution” is used as a accomplishment or judgment or any order passed by any court. Basically the final judgment passed by the court. The execution is either on the side of the plaintiff or defendant. -The execution is held in order to derive the fruit of the final execution to either party. It is a one kind of benefit or relief received by either party from the court for wrongful act done by the respective party.
Nothing comes from Nothing
- This phrase literally means if someone is entering into one agreement and create agreement but such agreement is not valid only than how one can take the benefit or can make the use of such agreement as agreement is nothing and from nothing we cannot take anything. - Basically, if someone is building agreement by mentioning various provisions and clauses for future need so for such agreement the provisions and clauses must be enforceable , accurate and reliable than and then only one can gain benefit from such agreement - Therefore, one can’t make something out of nothing.