Analysis of Constructive Res Judicata with reference to Writ Jurisdiction ​s

Miheer Jain
Kirit P Mehta School of Law, NMIMS, Mumbai, India.

Volume III, Issue V, 2020

The application of Res Judicata cannot be ignored in the garb of giving protection to fundamental rights. People cannot keep filing as many writ petition as they like and take one or two points every time. That is clearly opposed to the public policy on which the very idea of Res Judicata is based and would amount to harassment of opposing litigating parties and wastage of court’s precious time. It would dilute the doctrine of finality of judgements and would bring the legal system to a haul. This paper would analyse the intricacies of Res Judicata and the principles on which the doctrine is based. For the purpose of determination of application of the same doctrine in case of writ jurisdiction under Article 226 and Article 32 of the Constitution of India in High Courts and the Supreme Court of India respectively, the author has relied on the case of Devilal Modi vs. Sales Tax Officer.