Whether the principle of ‘Res Judicata’ applies to matrimonial proceedings? The principles of res judicata is applicable to matrimonial proceedings also. When the former suit for divorce on the ground of desertion and cruelty failed, the subsequent suit on the…
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Whether the principle of ‘Res Judicata’ operates between co-plaintiffs or co-defendants? It has been held by Hon’ble Apex Court in the case of “Iftikhar Anmed v. Syed Meharban Ali” (reported in AIR 1974 SC 749] that… The rule of res…
Whether a decision of a criminal court operates as ‘Res Judicata’ in a subsequent civil proceeding? It has been held by Hon’ble Apex Court in the case of “Adi Pherozshah Gandhi v. H. M. Seervai, Advocate General of Maharashtra, Bombay”…
Whether the principle of ‘Res Judicata’ applies to foreign judgment and what will be the effect of that judgment if it is obtained by fraud? The Code of Civil Procedure provides that a foreign judgment shall be conclusive as to…
Whether the principle of ‘Res Judicata’ affects the jurisdiction of the court and if the order passed by a court without jurisdiction can operate as ‘Res Judicata’? Hon’ble Apex Court had an occasion to come across with such question in…
What is main difference between ‘Estoppel’ and ‘Res Judicata’? It has been said that the doctrine of Res Judicata is one kind of estoppel. Before few years it was recognized as “Estoppel by Judgment” or “Estoppel by records”. Both the…