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Applicability and Exceptions to the Doctrine of Res Judicata
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Ahona Mukherjee
Student at KIIT School of Law, India
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 Management and Humanities, Volume 4, Issue 2, Page 2146 - 2152
DOI: http://doi.one/10.1732/IJLMH.26474Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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