What is meant by Resjudicata in legal terms? Whether this provision applicable for Industrial and labour matters?
From India, New Delhi
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425From India, New Delhi
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'Res judicata' is a legal ban on the perusal of a case by the same parties which stands already adjudicated by a competent court. It is also called "Claim preclusion." It is governed by sec. 11 of the Civil Procedure Code, 1908. Its objectives are that no man shall be vexed twice by litigation on the same dispute, the verdict of a Court must be accepted as final, and there must be no endless litigation on the same subject-matter between the same parties.
There are two types of res judicata viz., Actual res judicata and Constructive res judicata.
Simply put, the doctrine of Res judicata imposes a ban on relitigation by the same parties of the same issue already decided by a competent court.
However, it doesn't apply to appeals against the lower court judgments and revision petitions filed before the same court.
As this is a general and universal principle of law, it equally applies to labor and industrial matters.
From India, Salem
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There are two types of res judicata viz., Actual res judicata and Constructive res judicata.
Simply put, the doctrine of Res judicata imposes a ban on relitigation by the same parties of the same issue already decided by a competent court.
However, it doesn't apply to appeals against the lower court judgments and revision petitions filed before the same court.
As this is a general and universal principle of law, it equally applies to labor and industrial matters.
From India, Salem
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