Category Mains Questions & Answers

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…

What is main distinction between the doctrine of ‘Res Judicata’ and the rule embodied In Order II Rule II of the CPC? Both the doctrine of Res judicata and rule embodied in O-2, R-2 are based on the rule of…

What is ‘Constructive Res Judicata’? In a recently reported decision [Ramchandra Dagdu Sonavane (Dead) by L.Rs. v. Vithu Hira Mahar (Dead) by LRs. & Ors., AIR 2010 SC 818], Hon’ble Supreme Court has explained the doctrine of constructive res judicata…

What are the main pre-requisites to implement the principle of ‘Res Judicata’? The pre-requisite which are necessary to implement the principle of “Res Judicata” are: 1) There must be a final judgment: 2) The judgment must be on the merits;…

What is provided in adjuctive law to implement the principle of ‘Res Judicata’? Section 11 of the Code of Civil Procedure embodies the doctrine of “Res judicata’ or the rule of conclusiveness of a judgment, as to the points decided…