LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vegavathy (n/a)     01 August 2007

Resjudicata

[color=red]Hello everybody,

When does resjudicata arises? Can any one give me the latest case laws on the same.
[/color]


 3 Replies

Shaji Joseph (Lawyer)     01 August 2007

1) Commissioner of Endowments and Others Versus Vittal Rao and Others

Reported in: 2005 (4) SCC 120 : 2004 (9) Scale 660 : 2005 AIR(SC) 454 : 2004 (10) JT 113

2) K. Sivaramaiah Versus Rukmani Ammal

Reported in: 2004 AIR(SC) 508, 2004 (1) SCC 471, 2003 (10) Scale 182, 2003 (8) Supreme 348, 2003 (7) SLT 364, 2004 (1) SRJ 167, 2003 (1) SCW 6490

3) The Periyar Nagar Christian Association Versus Periyar Nagar CSI Church & Others

Reported in: (2007) 1 MLJ 266

4) V. Kandasamy Versus C. Kandasamy & Others

Reported in:  2006 (1) CTC 197

Hope the above information is useful.

mmn (n/a)     08 August 2007

Resjudicata means that an issue which has been decided by a competent court in an earlier proceeding cannot be challenged in a subsequent litigation between the same parties.

There are 3 types of cases. If the issue in one purely of fact then it cannot be reopened. If it is a mixed question of law and fact that also cannot be reopened. But if it is a pure question of law then it can be reagitated and will not be hit by the principle of resjudicata as the rule of procedure cannot override the law of the land.

 

Adv. Murtaza Najmi from Mumbai.

 

anupam_advocate (n/a)     13 February 2008

Resjudicata means that an issue which has been decided by a competent court in an earlier proceeding cannot be challenged in a subsequent litigation between the same parties.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query