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Order II Rule 2 CPC – Bar to Splitting of Claims: One Cause, One Suit

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In civil litigation , a plaintiff must present their entire claim related to a cause of action in one suit . They cannot divide their claim into parts and file multiple suits for the same cause — this is prohibited under Order II Rule 2 of the Code of Civil Procedure (CPC), 1908) . This rule promotes judicial efficiency and prevents harassment of defendants through repeated litigation on the same issue . What Order II Rule 2 CPC States Rule 2(1): “Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.” Rule 2(2): “Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.” Rule 2(3): “A person entitled to more than one relief in respect of the same cause ...

Section 11 of the Code of Civil Procedure (CPC): The Doctrine of Res Judicata Explained with Real Examples

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In law, once a dispute has been decided by a competent court, it should not be reopened or tried again. Justice requires finality , not repetition. This principle forms the core of Section 11 of the Code of Civil Procedure, 1908 , which lays down the rule of Res Judicata — a Latin term meaning “a matter already judged.” This section ensures that no person is harassed twice for the same issue and that judicial time is not wasted revisiting settled questions. What Section 11 CPC States “No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.” In Simple Terms Section 11 CPC means that once a m...

Impact of ESI on Employee Retention and Employer-Employee Relationship

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In the competitive business landscape, employee retention is one of the most critical factors determining the long-term success of any organization. High turnover can result in increased hiring costs, loss of valuable expertise, and disruption in workflow. A key factor that significantly influences employee retention is the nature of the employer-employee relationship , and a powerful tool in enhancing this relationship is the Employees' State Insurance (ESI) system. The ESIAct, 1948 , which offers a range of benefits such as healthcare , financial security , and accident coverage , plays a pivotal role in shaping the work environment and fostering employee loyalty . In this article, we explore how ESI can improve both the employer-employee relationship and employee retention , providing businesses with the tools they need to build a stable and motivated workforce. Introduction: ESI as a Key Factor in Employee Retention Employee retention is often seen as a reflect...
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ESI Benefits: A Comprehensive Guide for Employees and Employers The Employees' State Insurance Act, 1948 (ESI Act) offers a crucial safety net for employees working in various sectors, providing them with social security benefits like medical care , cash benefits during sickness , maternity benefits , and compensation for work-related injuries . These benefits are vital for ensuring the well-being of employees, especially during challenging times like illness, injury, or maternity. In this article, we will break down the ESI benefits available to employees, explain the eligibility criteria, and highlight the responsibilities of employers in facilitating these benefits. 1. Introduction to ESI Benefits The Employees' State Insurance system is designed to provide employees with a comprehensive range of benefits, ensuring their physical, financial , and health security . These benefits extend beyond just healthcare and include cash compensation in case of illness, injury, ...