In which cases res judicata is not applicable?

In which cases res judicata is not applicable?

The doctrine of Res Judicata is not been applied in the income tax proceedings. In the case of B.S.N.L vs. Union of India[13], the court held that the decision given for one assessment year does not operate as res judicata in the Subsequent year.

Under which situation court can allow the amendment of pleading?

Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law.

Does res judicata apply to PIL?

The principle of Res Judicata does not apply strictly to public interest litigations. The procedural laws are not fully applicable to PIL cases. Where the prior public interest relates to illegal mining, subsequent public interest litigation to protect environment is not barred.

What is RES Subjudice in CPC?

‘Res’ means matter or litigation and Sub-Judice means pending (under judgment). In other words, this rule applies where a matter is already pending before a competent court for the purpose of adjudication Section 10 of CPC deals with the stay of civil suits.

In which case the Hon’ble Supreme Court of India has held that the doctrine of res judicata is not applicable in the writ of habeas corpus?

the State of Gujarat (2008) 6 SCC 789 – Res Judicata principle not applicable to criminal cases. In-State of Uttar Pradesh & Anr. v. Jagdish Sharan Agrawal & Ors., (2009) 1 SCC 689, the Apex Court held that where the matter has not been decided on merit earlier, the doctrine of res judicata is not applicable.

What is sub judice in India?

The rule of sub judice restrains the publication of matters which are being considered by a court, so as to avoid any adverse impact or undue influence on an ongoing case. Therefore, the rule of sub judice is needed to act as a restraint on the exercise of parliamentary privilege.

How many writs are there in Article 32?

five

What is res judicata and RES subjudice?

Res Subjudice stays the latter suit instituted in the court which has the same matter directly and substantially in issue in the previous suit; while Res Judicata bars the trial of a suit in which the matter is directly and substantially in issue has already been adjudicated upon in a previous suit.

What is set off in CPC?

Set-off means a claim by the defendant against the plaintiff or a plea in defence available to the defendant. It is a cross-claim between the parties to the suit regarding their recovery of money. It is the destruction of the debts of which two persons are reciprocally debtors to one other.