Canara Bank vs N.G. Subbaraya Setty on 20 April, 2018
52. That takes us to the second question whether in the facts
and circumstances of the case on hand, the present proceedings
were barred by res judicata. The answer to this question has to be
found out from three different perspectives, viz., (1) whether the
parties to both the proceedings were the same; (2) whether the
matter directly and substantially in issue in both the proceedings
were the same; and (3) whether the case will fall under any one of
the two exceptions pointed out by the Supreme Court in Canara
Bank v. N.G. Subbaraya Setty, viz., that it was an erroneous
decision on the jurisdiction of a Court or an erroneous judgment on a
question of law which sanctions something that is illegal.