Whether on a pure issue of law, the principles of “Res Judicata” applies or not? Looking to the views taken by Hon’ble Apex Court regarding the Issue, since 1952, one may find divergence of opinion transpires from those decisions: Hon’ble…
Whether the principle of “Res Judicata” applies to the execution proceedings? In view of Explanation VII to Section 11 of the Code of Civil Procedure, the principles of Res judicata apply to the execution proceedings. The Explanation reads as under:…
Whether the principle of “Res Judicata” applies to proceedings under Sec. 11 of the Arbitration and Conciliation Act, 1996? There can be no hard and fast Rule to answer this question particularly in Arbitration matters, but it is equally well…
Whether the principle of ‘Res Judicata’ applies when the suit is dismissed for default? It is well settled now that the principle of Res judicata only operates when a case heard and finally decided on merits. The order of ‘dismissed…
Whether the principle of ‘Res Judicata’ applies to the proceedings under The Indian Succession Act? A Judgment of probate Court granting probate of a will in favour of the Petitioner is presumed to have been obtained in accordance with the…
Whether the principle of ‘Res Judicata’ applies to Writ Petitions? In the case of “Pujari Bai V Madan Gopal” [reported in AIR-1989 -SC -1764], it has been held that general principles of res judicata would apply to writ proceedings. But…
Whether the principle of ‘Res judicata’ applies to the decisions taken by Administrative or Executive Authorities? Principle of res judicata is not applicable to administrative decisions taken by executive authorities. Such decisions are not binding to Courts. It has been…
Whether the principle of ‘Res Judicata’ applies to the proceeding under The Motor Vehicle Act? It is elaborated in case of Prakash Chandra Biswas V. New India Assurance Co. Ltd. & Anr. [reported in AIR 2010 Calcutta 19] that the…
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…
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…