Principles of Res Judicata

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....tution of India were dismissed, the petitioners filed substantive petitions in this Court under Article 32 of the Constitution of India for the same relief and on the same grounds. In such petitions, this Court upheld the objection that the decision of the High Court would operate as res judicata while observing, inter alia, as under: - "............As has been observed by Halsbury, "the do....

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....icy and necessity, which makes it to the interest of the State that there should be an end to litigation " interest republicae ut sit finis litium; the other, the hardship on the individual that he should be vexed twice for the same cause " nemo debet bis vexari pro eadem causa", Corpus Juris, Vol. 34, p. 743 In Mathura Prasad Bajoo Jaiswal and others v. Dossibai N.B. Jeejeebhoy- [1970 (2) T....

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....etent Court is finally determined between the parties and cannot be re-opened between them in another proceeding. The previous decision on a matter in issue alone is res judicata: the reasons for the decision are not res judicata. A matter in issue between the parties is the right claimed by one party and denied by the other, and the claim of right from its very nature depends ....

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.... res judicata in a subsequent proceeding between the same parties, if the cause of action of the subsequent proceeding be the same as in the previous proceeding, but not when the cause of action is different, nor when the law has since the earlier decision been altered by a competent authority, nor when the decision relates to the jurisdiction of the Court to try the earlier proceed....