What is ‘Res Judicata’?

‘Res Judicata’ means “a thing decided’, If is a common law doctrine meant to bar re-litigation of cases between the same parties in Court. Once a final judgment has been handed down in a lawsuit subsequent judge who are confronted with a suit that is Identical to or substantially the same as the earlier one will apply ‘Res Judicata’ to preserve the effect of the first judgment. This is to prevent injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system. ‘Res Judicata’ does not merely prevent future judgments from contradicting earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

  1. What is provided in adjuctive law to implement the principle of ‘Res Judicata’?
  2. What are the main pre-requisites to implement the principle of ‘Res Judicata’?
  3. What is ‘Constructive Res Judicata’?
  4. What is main distinction between the doctrine of ‘Res Judicata’ and the rule embodied In Order II Rule II of the CPC?
  5. What is main difference between ‘Estoppel’ and ‘Res Judicata’?
  6. 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’?
  7. 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?
  8. Whether a decision of a criminal court operates as ‘Res Judicata’ in a subsequent civil proceeding?
  9. Whether the principle of ‘Res Judicata’ operates between co-plaintiffs or co-defendants?
  10. Whether the principle of ‘Res Judicata’ applies to matrimonial proceedings?
  11. Whether the principle of ‘Res Judicata’ applies to the proceeding under The Motor Vehicle Act?
  12. Whether the principle of ‘Res judicata’ applies to the decisions taken by Administrative or Executive Authorities?
  13. Whether the principle of ‘Res Judicata’ applies to Writ Petitions?
  14. Whether the principle of ‘Res Judicata’ applies to the proceedings under The Indian Succession Act?
  15. Whether the principle of ‘Res Judicata’ applies when the suit is dismissed for default?
  16. Whether the principle of “Res Judicata” applies to proceedings under Sec. 11 of the Arbitration and Conciliation Act, 1996?
  17. Whether the principle of “Res Judicata” applies to the execution proceedings & Public Interest Litigations?
  18. Whether on a pure issue of law, the principles of “Res Judicata” applies or not?

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