Res judicata under law of evidence, cpc and crpc

December 19, 2017 Law

The rule of Rest Judicial is basically a rule of private law but has been transposed into the area of writ proceedings as well. To begin with, the source of all the laws that is our Constitution of India. Article-20(2)1 5 is in fact a modified version of rest Judicial in Criminal Jurisprudence. Taking the shelter of this constitutional provision, there is a provision in the Code of Criminal Procedure under Section-300. Rest Judicial and the Civil Procedure Code, 1908 The doctrine of Rest Judicial in nations that have a civil law legal system is much narrower in scope than in common law nations.

Section 1 1 of Code of Civil Procedure deals with this concept. It embodies the doctrine of Rest Judicial or the rule of conclusiveness of a Judgment, as to the points decided either of fact, or of law, or of fact and law, in every subsequent suit between the same parties. It enacts that once matter is finally decided by a competent court; no party can be permitted to reopen it in a subsequent litigation. In the absence of such a rule there will be no end to litigation and the parties would be put to constant trouble, harassment and expenses.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

The provisions of Section 1 1 are not at all exhaustive even though it has very wide and enlarged amplitude. When a question at issue between the parties to a suit is heard and finally decided the Judgment given on it is binding on the parties at all subsequent stages of the suit. Its binding force depends not upon the Code of Civil Procedure, Sec. 1, but upon general principles of law; if it were not binding, there would be no end to litigation.

Rest Judicial and Law of Evidence Same principles of rest Judicial was incorporated in another form in the Indian Evidence Act, 1872, from Section 40 to 43 of the Act. The previous Judgment relevant to bar a second suit or trial is a provision to curb various litigation, though of the same nature, but instituted under the various provisions of different laws. Decision of Civil Court in respect of civil rights of the parties bars criminal complaint regarding the same taking the shelter of Section – 40 of the Evidence Act.

Section-11 of the CPA is a Caveat against the Court whereas Section-115 of Evidence Catch is a Caveat against the litigating parties to curb the future litigation once the matter is decided finally. If a litigating party make certain declaration in a proceeding them in future litigation of that party is stopped from taking the contrary plea. So this is a one kind of principle of rest Judicial. Estoppels can be against the conduct behavior and certain stands taken in the proceedings and further that party cannot be permitted to have the contrary plea which it has taken earlier.


I'm Amanda

Would you like to get a custom essay? How about receiving a customized one?

Check it out