Doctrine of Res Judicata

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    • Recently, the Supreme Court held Res Judicata is attracted not only in separate subsequent proceedings but also at subsequent stages of the same proceedings.

    About 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: Lexology