Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Res judicata — Applicability of - Previous proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Res judicata — Applicability of - Previous proceedings — Based on different cause of action and in respect of different subject matter, though between the same parties — Whether would operate as res judicata — Held: When the cause of action as well as subject matter are different, principle of res judicata is not attracted and the court is not barred from trying the subsequent suit which may arise between the same parties — All the issues including those of facts, remain open for adjudication — However, the issues of facts will be barred on the principle of ‘estoppel’, more particularly ‘issue estoppel’ which flows from principles of evidence from ss.115, 116 and 117 of Evidence Act, and from the principles of equity ~ But where the. decision is on the pure question of law such bar cannot be invoked,” either on the principle of ‘estoppel’ or on ‘equity’ — No equitable principle or equity can impede the powers of the court to determine an issue of law in a subsequent suit which relates to different subject matter and founded upon different cause of action, though parties may be same — Code of Civil Procedure, 1908 — s.11 — Evidence Act, 1872 - ss.115, 116 and 117 — Estoppel.Estoppel - Applicability of — Principle of estoppel operates against the party and not the court. Estoppel — Nature of — As a principle of evidence, estoppel is treated to be an admission or something equivalent to admission in the eyes of law — Evidence. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 388 |
Petitioner | Satyendra Kumar & Ors. |
Respondent | Raj Nath Dubey & Ors. |
SCR | [2016] 4 S.C.R. 391 |
Judgement Date | 2016-05-06 |
Case Number | 4083-4084 |
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