Indian Kanoon - Search engine for Indian Law

resorting to clever drafting, the Plaintiff has made an undisguised attempt of relitigating the very same issue, which has been ... requirement of issue estoppel." 23. The Supreme Court enunciated that relitigation is an instance of abuse of the process of the Court. De hors

have been raised in a a previous litigation should not be relitigated in subsequent proceedings. The extended form of res-judicata more popularly known ... entirety of a decided cause of action is sought to be relitigated; (ii) issue estoppel or, "decided issue estoppel," where an issue

application of the statute. The right is not an open licence to relitigate mere policy or commercial preferences. The challenger must show a real legal