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.
An incidental remark or opinion by a judge that is not binding.
The legal maxim is of latin origin meaning “said in passing” or an “incidental statement”. The maxim roughly translates to “by the way” and it refers to a statement a person said in passing. While talking in legal terms this maxim refers to a persuasive statement only and it is an unnecessary passage in a judicial opinion. Such statements are not supported by the force of precedent but may be significant to the case.
outward acts show the internal secrets.
This Latin maxim means that the outward acts show the internal secrets. In simpler words it means that the outward acts indicate the thoughts, which are hidden within. The law, in some cases, judges a man’s previous intentions by his subsequent acts. On this principle, if a man abuse and authority given to him by the law, he becomes a trespasser ab initio.
“Minimum importance or trifling”
The literal meaning of “De minimis” is “minimum importance or trifling”. The abbreviated form of the maxim is “De Minimis Non Curat Lex”, which means “law cares not of small things”. In Lawsuits, the court applies de minimis rule to avoid trivial matters which are not worthy of judicial scrutiny. Some of common meanings are small, negligible, minor and insignificant etc.