The intricacies of Res Judicata: Case laws, exceptions, and restatements by Supreme Court of India
Keywords:
Res Judicata, case laws, exceptions, restatements, Supreme Court of India, amendments, property, tax, Code of Civil Procedure, plaintiff, Article 32, Article 226, Latin phrase, unfavorable decree, metaphysical, philosophical dimensions, jurisprudence, public policy, hardship, judgment finality, Fundamental Rights, merits, injustice, selective flexibility, preserving parties' rights, forum shopping, procedural complexities, maintaining justice, ensuring fairness, legal frameworkAbstract
This exploration delves into the intricacies of Res Judicata, focusing on case laws,exceptions, and restatements as elucidated by the Supreme Court of India. Acknowledging thesignificant role of amendments in law, particularly within sections like Property or Tax, the essayhighlights the limited understanding of the aims, timing, and methods of these amendments within thelegal profession.Emphasizing that the Res Judicata rule outlined in Section 11 of the Code of Civil Procedure does notcover every situation, the essay discusses the rights guaranteed to the plaintiff under Article 32 and 226.The Latin phrase Res Judicata is examined, pointing out its implications as something adjudicated,resolved, or settled by judgments. The complexity of executing an unfavorable decree is analyzed,presenting both benefits and risks.The metaphysical and philosophical dimensions of res judicata are explored, relating it to the quality ofsentences, beliefs, and thoughts in contemporary usage. The essay delves into the universal presence ofres judicata in jurisprudence, grounded in public policy, necessity, and preventing hardship onindividuals.Highlighting the promotion of judgment finality to prevent the abuse of justice, the essay navigatesthrough instances where Res Judicata intersects with Fundamental Rights, bringing attention to thenuanced interpretation of legal terms. The exceptions to Res Judicata are examined, playing a crucialrole in cases with clear rules and potential disputes over claims.While acknowledging the demerits of Res Judicata, the essay presents merits such as preventinginjustice through selective flexibility, preserving parties' rights, discouraging forum shopping, andsimplifying procedural complexities. The principle's role in maintaining justice and ensuring fairness insubsequent litigation is analyzed, emphasizing the multifaceted nature of Res Judicata within the legalframework.References
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Otherwise, the public interest, in the electoral judgments, "is made with an investigation with effect erga omnes, which exceeds the usual subjective limits of res judicata":Buonomo, Giampiero (2001). "Non entra in Comune lo sportivo "vigilato" (storie delle ineleggibilità e di incompatibilità)". Diritto&Giustizia Edizione Online. Archived from the original on 2012-08-01. Retrieved 2016-03-17.
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In continental jus commune it was different: "When jurists define res judicata, they distinguish it from the final judgment. By final judgment, they mean a decision of the judge that defines and concludes the main subject of the case and that, therefore, necessarily contains words of acquittal or conviction. Yet, the res judicata presents something more, an added value, if compared with the final judgment pronounced by the judge: the judgment passes in rem judicatam following ten days, during which time, making an appeal is permitted. The ten days given to the parties to appeal, are provided for by a principle of ius commune and represent a necessary break between trial and judgment, on the one hand, and the res judicata, on the other. A pause that allows the parties to evaluate the work done by the judge and its results, as well as to identify possible reasons for appealing". Antonella Bettoni, Res judicata and null and void judgment in the Italian and German doctrine of Sixteenth – and Seventeenth – century criminal law. Certain interpretative profiles, Crime, Histoire & Sociétés / Crime, History & Societies, Vol. 12, no. 1, 2008, p. 4.
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