Resjudicata

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.

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.

 

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.