Issue Estoppel, Res Judicata - Definition - Law Dictionary Home Dictionary Definition issue-estoppel-res-judicata

Definition :

Issue estoppel, res judicata, there is a distinction between 'issue estoppel' and 'res judicata'. Res judicata debars a court from exercising its jurisdiction to determine thelis if it has attained the finality between the parties whereas the doctrine issue estoppel is invoked against the party, if such an issue is decided against him, he would be estopped from raising the same in the latter proceeding the doctrine of res judicata creates a different kind of estoppel viz., estoppel by accord, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798) (Civil PC 1908, s. 11]