Section 11 in The Code of Civil Procedure, 1908
11. Res judicata .-
No Court shall try any suit or issue in which the matter directly ... limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of limited jurisdiction
High
Court. They were barred by the doctrine of
constructive res judicata as also on the ground
of abandonment of claim.
16. On merits ... petition would operate as
res judicata. The Court held that an order of
38
withdrawal would not constitute res judicata
inasmuch as there
considered but petition dismissed in
limine-Order of High Court if res judicata, in relation to
petition under Art. 32.
HEADNOTE:
The sales tax authorities ... ground of Inches; and (2) Whether the
petition is barred by res judicata in view of the decision
of the High Court.
HELD: (Per Hidayatullah
principle of res judicata is not
confined to what is contained in s. 11 but is of more
general application. Res judicata could ... attract the principle of res judicata the
order or decision first rendered and which is pleaded as res
judicata need not be capable of being
regard argued the question of "issue estoppel" and "res judicata" in a criminal trial. Learned Counsel appearing on behalf ... subsequent proceedings between the parties to the adjudication. The maxim 'res judicata pro veritate accipitur' is no less applicable to criminal than
matter in issue alone is res judicata the reasons for the decision are not res judicata. A matter in issue between the parties ... right, cannot operate as res judicata. Nor also can a decision on the question of jurisdiction be res judicata in a subsequent suit or proceeding
Maharashtra Service of
Engineers----Validity of.
Articles 32 and 226-- Constructive Res judicata--Applicabili-
ty of.
Labour and Services: Reorganised Bombay State Overseas
and Deputy ... held to be barred by principles of res judicata including
the rule of constructive res judicata underlying Explanation
IV of Section 11 of the Code
therein would operate as res judicata to a suit proceeding.
In order to apply the general principie of res judicata court must first
find, whether ... res judicata.
In Pawan Kumar Gupta v. Rochiram Nagdeo , [1999] 4 SCC 243 this Court
observed that the rule of res judicata incorporated in Section
judicata was wholly inapplicable.
In any event as such judgments and awards were passed by courts
having no jurisdiction therefor; the principle of res judicata ... before the High Court
by the appellants herein.
RES JUDICATA :
The principle of res judicata has been applied by the High Court in
relation
IInd Civil Judge,
Class II, Jabalpur will operate as res-judicata in the
present case?
(a) Whether the suit is not maintainable as no relief ... issue estoppel' and 'res judicata' [See
Thoday vs. Thoday 1964 (1) All. ER 341]
Res judicata debars a court from exercising
