In News
- 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.Â
- 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
