res judicata

Topics: Habeas corpus, Common law, Civil procedure Pages: 12 (3619 words) Published: January 12, 2015


Symbiosis Law School, Pune

LL.M. Assignment on

OVERVIEW OF RES JUDICATA AS A CONCEPT UNDER ADMINISTRATIVE LAW

Submitted by:
Saket Kesharwani
LL.M. (2014-15 batch)
Roll No: 15, PRN: 14010143015
Symbiosis Law School, Pune

CONTENTS

Chapter 1- INTRODUCTION .......................................................................... 3

Objective .......................................................................................................... 4

Scope ..................................................................................................................4

Significance ...................................................................................................... 4
Chapter 2- RES JUDICATA- A CONCEPT ................................................... 4

Essentials for Res Judicata ............................................................................... 6

Res Judicata in Administrative Law ................................................................ 7

Res Judicata in Writ Petitions ............................................................................9

Constructive Res Judicata ................................................................................ 11

Habeas Corpus Petitions ................................................................................... 12

Conclusion ...................................................................................................... 13

INTRODUCTION
Res Judicata is a phrase which has been evolved from a Latin maxim, which stand 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. Therefore, the court will dismiss the case before it as being useless. Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system. The term is also used to mean as to bar re-litigation of such cases between the same parties, which is different between the two legal systems. Once a final judgment has been announced in a lawsuit, the subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one, they would apply the Res Judicata doctrine 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 and time of the Judicial System. And, therefore, the same case cannot be taken up again either in the same or in the different Court of India. This is just to prevent them from multiplying judgments, so a prevailing plaintiff may not recover damages from the defendant twice for the same injury.

Therefore, Res Judicata in a nut shell is a judicial concept wherein the Courts do not allow a petition to be filed in the same or to the other Court for the doctrine of Res Judicata would apply and the party would not be allowed to file the petition or to continue the petition as the case may be. The sphere of Res Judicata is ever growing. Although the Civil Procedure does not apply to the proceedings other than suits. Whereas in Administrative Law, the concept of Res Judicata deals only in aspects related to the Writ Proceedings.

OBJECTIVE
This paper deals with concept of Res Judicata and its applicability in Courts. The Paper also underlies the concept of constructive Res Judicata. The principle of res judicata is based on the need to give finality and certainty to judicial decisions. The paper emphasizes upon the applicability of the doctrine of Res Judicata in Administrative Law and brings into picture the case laws opinionated the arguments.

SCOPE

The scope of the paper is confined to the study of applicability of res judicata in Administrative Law i.e. writ petitions. This paper will discuss certain provisions along with case laws of High Court...
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