Applicability and Exceptions to the Doctrine of Res Judicata

  • Ahona Mukherjee
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  • Ahona Mukherjee

    Applicability and Exceptions to the Doctrine of Res Judicata

Abstract

The doctrine of Res Judicata is applied by the court where issues directly and substantially involved between the same parties in the former and present suit, are same. For eg, it may be that in former suit only part of the property was involved whereas in present or subsequent suit whole property of the parties is involved then court will grant a decree of Res Judicata. The Supreme Court of India has applied the doctrine of res judicata in writ proceedings. The case of Daryao v. State of U.P. may be taken first. The following article brings light to the basics of the Doctrine of Res Judicata, its application in the case of Daryao v. State of U.P. and the various exceptions to the doctrine.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2146 - 2152

DOI: http://doi.one/10.1732/IJLMH.26474

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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