Doctrine of Merger Archives

‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud

The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.

Case Briefs Supreme Court

How to distinguish between application of a decision as res judicata and precedent? Supreme Court elucidates

Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.

Case Briefs Supreme Court

Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India

Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao

Op Eds OP. ED.

The Doctrine of Merger

by Vilas Govindan Pavithran†

Case Briefs High Courts

Madras HC | Does doctrine of merger make a distinction between an order of reversal, modification or an order of confirmation? HC explains in a Contempt Petition

Madras High Court: N. Anand Venkatesh, J., while addressing the contempt petition held that, “The doctrine of merger does not make a distinction