Res Judicata - Definition - Law Dictionary Home Dictionary Definition res-judicata

Definition :

Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.

When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law applicable to the determination of the transaction which is the source of the right is res judicata. A previous decision on a matter in issue is a composite decision: the decision on law cannot be dissociated from the decision on facts on which the right is founded, Mathura Prasad Sarjoo Jaiswal v. Dossibai N.B. Jeejeebhoy, AIR 1971 SC 2355 (2375): (1970) 1 SCC 613: (1970) 3 SCR 830. (Civil PC, 1908, s. 11)

A thing adjudicated, Black's Law Dictionary, 7th Edn., p. 1312.

Means a judgment, decree, award or other deter-mination that is considered final and bars relitiga-tion of the same matter, Southeast Mortg Co. v. Sinclair, 632 So 2d 677.

Means a principle or doctrine that generally bars relitigation or reconsideration of matter determined in adjudication, Stowers v. State, 657 NE 2d 194.

Means a thing adjudicated; a case decided; a matter settled, Dictionary of Law, Willium C. Anderson, 1889, p. 31.

The application of the doctrine of res judicata to the petitions filed under Art. 32 does not in any way impair or affect the contents of the fundamental rights guaranteed to the citizens of India. It only seeks to regulate the manner in which the said rights could be successfully asserted in court of law, Amalgamated Coalfields v. Janapad Sabha, AIR 1964 SC 1013.

The petitions to the Supreme Court under Art. 32 and to the High Court under Art. 226 are subject to the rule of res judicata, Daryao v. Sate of Uttar Pradesh, AIR 1964 SC 1457.