section 11-Res judicata
The word ''Res ' means subject matter or ;dispute' again 'judicata means adjudged,decided ,adjudicated.so,it means a dispute decided or a matter is adjudged' This doctrine for the public interest tries to all litigation must come an end.This principle is based on justice,equity,&good conscience this doctrine avoid multiplicity of proceedings on involving the same issue.
object-1.no man should be vexed twice for the same cause.
2.it is the interest of the state thr should be an end to a litigation
3.a judcial decision must be accepted as correct.
Extent and applicability -This doctrine is a fundamental concept based on public policy &private interest.Its prior interest is that every litigation must come to an end. this doctrine is therefore ,applies all civil suits ,excution proceedings ,arbitration ,taxation,industrial adjudication,writ petition ,administrative orders,interim orders,criminal proceedings etc,
Res -judicata and Estoppel-1.Res JUDICATA Presumes conslusively truth of a decision again estoppel presumes binds only that party who made the previous statement or showed the orevious conduct.Means if one party cant deny any fact what he has called the truth.
2. Res judicata results from a decisions of the court but estoppel flows from the act of parties.
3-estoppel prevents multiplicity of representations again res judicata bars multiplicity of suits.
RES JUDICATA AND RULE OF LAW-In the historic decision of Daryao vs state of u.p.
AIR 1961SC 1457
In that case ,the petitioners had filed writ petitions U/A 226 in the High court .But the petitions were dismissed .thereafter ,they filled U/A 32 of the constitution .Supreme court upheld the contention &dismissed the petitions by saying ''the judgements pronounced by court of competent jurisdiction is an essential part of the rule of law ,&rule of law obiously is basis of the administration of justice on which the constitution lays so much emphasis''
Comments