Exceptions to Res Judicata

GENERAL

In Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54

The Supreme Court has laid down 3 exceptions to the rule of Res Judicata

(i) When judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) is passed without jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.
(ii) When matter involves a pure question of law.
(iii) When judgment has been obtained by committing fraud on the Court.

Fatima Bibi Ahmed Patel v. State of Gujarat (2008) 6 SCC 789 – Res Judicata principle not applicable to criminal cases

LACK OF JURISDICTION

The doctrine would not apply if the judgment is by a Court lacking inherent jurisdiction or when the judgment is non-speaking. (Vide Union of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more v. Pramod Gupta (Dead) by L.Rs. & Ors., (2005) 12 SCC 1).

DECISION WITHOUT MERIT

In State of Uttar Pradesh & Anr. v. Jagdish Sharan Agrawal & Ors., (2009) 1 SCC 689, the Apex Court held that where the matter has not been decided on merit earlier, the doctrine of res judicata is not applicable.

FRAUD

The principle of res judicata would not apply if the decree has been obtained by practicing misrepresentation or fraud on the court, or where the proceedings had been taken all together under a special Statute. More so, every finding in the earlier judgment would not operate as res judicata. Only an issue “directly” and “substantially”, decided in the earlier suit, would operate as res judicata. Where the decision has not been given on merit, it would not operate in case against the judgment and decree of the court below the appeal is pending in the appellate court, the judgment of the court below cannot be  held to be final, and the findings recorded therein would not operate as res judicata.

(See : Premier Cable Co. Ltd. v. Government of India, AIR 2002 SC 2418; Arm Group Enterprises Ltd. v. Waldorf Restaurant, (2003) 6 SCC 423; Mahila Bajrangi v. Badribhai, (2003) 2 SCC 464; Pondicherry Khadi & Village Industries Board v. P. Kulothangan, AIR 2003 SC 4701; Kiran Tandon v. Allahabad Development Authority, AIR 2004 SC 2006; T.P. Moideen Koya v. Govt. of Kerala, (2004) 8 SCC 106; State of Haryana v. State of Punjab, (2004) 12 SCC 673; Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787; Sampat Co-operative Sugar Mills Ltd. v. Ajit Singh (2005) 3 SCC 516; and Swami
Atmananda & Ors. v. Sri Ramkrishna Tapovanam & Ors. AIR 2005 SC 2392).