Adv Ch Shahid Bhalli

Res Judicata in CPC, Example, Elements, Doctrine in Law

Res Judicata (RJ) or Res Iudicata, also known as claim preclusion, is the Latin term for “a matter [already] judged”, and refers to either of two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine,

What are the Elements of Res Judicata?
The elements of res judicata are as follows: (1) the former judgment or order must be final; (2) the judgment or order must be on the merits; (3) it must have been rendered by a court having jurisdiction over the subject matter and the parties; (4) there must be, between the first and the second action,

What Reasons are there for the Ruling of Res Judicata?
The principle of the negative res judicata effect means that a case that has been resolved with a legally valid judgement cannot be brought before a court of law again.

What is Difference Between Res Judicata and Res Subjudice?
Subjudice in latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding. However the doctrine of res-subjudice means stay of suit.

Does Res Judicata Apply to Arbitration?
The application of res judicata in arbitration was examined by the Supreme Court in two important decisions. In a widely criticised judgment, the Supreme Court stated that an arbitration tribunal is not a state court and therefore cannot be bound by a decision of another arbitral tribunal.

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