Sign In
Learn bits
Polity & Governance
Mahesh

26/10/22 22:22 PM IST

Doctrine of Res Judicata

In News 
  • Recently, the Supreme Court held Res Judicata is attracted not only in separate subsequent proceedings but also at subsequent stages of the same proceedings.
Doctrine of Res Judicata 
  • Res Judicata is a phrase which has evolved from a Latin maxim, which stands for ‘the thing has been judged', meaning thereby that the issue before the court has already been decided by another court, between the same parties.
  • The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties.
  • Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system.
  • In order to set up a res judicata, you must establish that:
  • The decision on which your res judicata is based, whether domestic or foreign, was judicial in the relevant sense
  • It was in fact pronounced
  • The tribunal had jurisdiction over the parties and the subject matter
  • The decision was:
  • Final
  • On the merits
  • It determined a question raised in the later litigation, and
  • The parties are the same or their privies, or the earlier decision was in rem
Source- Indian Express 

More Related Current Affairs View All

07 Aug

What is the potential of biochar?

'With the Indian carbon market set to be launched in 2026, CO2 removal technologies such as biochar are expected to play a crucial role. ' Biochar is a type of charcoal rich in

Read More

07 Aug

Carriage of Goods by Sea Bill, 2025

'The Parliament has passed the Carriage of Goods by Sea Bill, 2025, with the Rajya Sabha approving it recently. ' The Bill seeks to replace the Indian Carriage of Goods by Sea A

Read More

07 Aug

Telangana’s Kaleshwaram project

'The Kaleshwaram Lift Irrigation Project (KLIP) in Telangana is under scrutiny after the National Dam Safety Authority (NDSA) reported significant structural damage and design flaw

Read More

India’s First Ai-Driven Magazine Generator

Generate Your Custom Current Affairs Magazine using our AI in just 3 steps