AI Overview...
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Res judicata Not Applicable When Appeal is Pending - The principle of res judicata applies only when the parties are the same, the same relief is sought, and there are no pending appeals; if an appeal is pending, res judicata does not bar subsequent proceedings M. Murugesan VS Government of Tamil Nadu - Madras.
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Res judicata and Pending Litigation - Res judicata does not bar a suit or application if an appeal arising from the original decision is pending; courts recognize that the finality of a prior judgment is only established after all appeals are exhausted Sk. Md. Abel @ Abed VS Altaf Hossain - Calcutta.
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Res judicata in Proceedings and Elections - The doctrine applies to proceedings decided by competent courts, including election petitions and administrative cases, but its applicability can vary depending on the context and stage of litigation Mohd. Akbar VS Khan Lassa Wani - Jammu and Kashmir.
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Res judicata and Remand Orders - If a higher court remands a case or sets aside judgments, subsequent proceedings are not barred by res judicata until the appellate process concludes; pending appeals or remand orders mean the matter is not finally decided Ichhab Mandal @ Ichhab Shaikh Choramara, dead and on his death Pepul Mondal VS Lal Mohan Pain - Calcutta.
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Constructive Res Judicata in Writ Proceedings - Principles of res judicata, including constructive res judicata, are applicable to writ petitions, especially if similar issues have been previously adjudicated or are pending in higher courts THE MANAGER, KARSHAKA SAMAJAM U.P.SCHOOL vs SMT.P.A.BINDU - Kerala.
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Res Judicata in Industrial and Execution Proceedings - Res judicata applies to industrial adjudications and execution proceedings when issues have been directly or impliedly decided in earlier cases; however, its applicability may vary depending on the nature of the case Sankar Prasad Banerjee VS Central Govt Labour Court - Calcutta, Misra Bibi VS Mohd. Hussain - Jammu and Kashmir.
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Res Judicata in Civil and Appellate Orders - Final orders in civil suits, even if subject to appeal, can operate as res judicata if no revision or appeal is filed; subsequent proceedings are barred once the order becomes final Mulkh Raj VS Nisha Jain - Punjab and Haryana.
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Res Judicata and Appeal Process - Pending appeals prevent the application of res judicata; only after all appeals are exhausted and the judgment is final does the doctrine bar re-litigation M. Murugesan VS Government of Tamil Nadu - Madras.
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Res Judicata in Nagaland and Other Jurisdictions - Even where the Code of Civil Procedure is not directly applicable, principles of res judicata and administrative justice still influence judicial decisions, especially through appeals and administrative remedies Humtse Village Rep. by Sri Ramvue, G. B. and others VS Yikhum Village rep. by Sri Linyim G. B. and others - Gauhati.
Analysis and Conclusion:
Res judicata is generally not applicable when an appeal is pending, as the doctrine requires finality of judgment. The existence of a pending appeal prevents the matter from being res judicata, allowing for further litigation or review. Courts recognize that until all appellate remedies are exhausted, a judgment remains subject to challenge, and res judicata cannot operate to bar subsequent proceedings M. Murugesan VS Government of Tamil Nadu - Madras, Sk. Md. Abel @ Abed VS Altaf Hossain - Calcutta, Mulkh Raj VS Nisha Jain - Punjab and Haryana. This principle ensures that cases are fully adjudicated before being considered final and prevents premature foreclosure of rights.
Search Results for "Resjudicata Not Applicable when Appeal is Pending"
2014 0 Supreme(Mad) 2933 • India - Madras
C.S.KARNAN
in W.A.No.977 of 2013 and the said appeal is pending. ... The principles of resjudicata is only applicable to the case, wherein the parties are the same, and the same relief has been sought ... Subsequently, the writ petitioner has filed a Writ Appeal before this Court, which is pending for enquiry.
1943 0 Supreme(Cal) 1 • India - Calcutta
MUKHERJEE, PAL
Finding of the Court: The Court found that the ex parte decree did not bar an application under S. 36(6)(a)(ii) by ... The Court found that the decision in the original suit had become res judicata, and the present suit was not maintainable. ... The Court also held that the principle of res judicata would not stand in the way of the Court's granting reliefs under S. 36, but ... where an appeal arising from it is #HL_STA....
1968 0 Supreme(J&K) 5 • India - Jammu and Kashmir
ANANT SINGH
The principle of Res judicata applies not only to suits but also to proceedings decided by a competent court. ... The petitioner also alleged that the respondent was not of the requisite age of 25 years as required under Section 51 (a) of the ... ... (22) The Supreme Court in the aforesaid case held that Article 190 (3) and 192 (1) are applicable only to ... an election petition calling in question the election of the member and ; ... (b)....
1978 0 Supreme(Cal) 316 • India - Calcutta
CHITTATOSH MUKHERJEE
Final Decision: The High Court allowed the appeal, set aside the judgments and decrees of the lower courts, and remanded the ... Finding of the Court: The High Court held that the suit was not barred by res judicata, as the executing court had ... not adjudicated on the question of whether the decretal debt was the subject matter of a proceeding under the Bengal Agricultural ... While the said execution case was pending....
2010 Supreme(Online)(KER) 8508 • India - High Court of Kerala
C.N. RAMACHANDRAN NAIR, P.S.GOPINATHAN, JJ
Final Decision: The appeal was dismissed, and the appellant was directed to appoint the first respondent as per the previous ... Issues: Whether the claim for appointment was time-barred and if the appellant was justified in not complying with prior orders ... Ratio Decidendi: The plea of delay by the appellant was barred by constructive res judicata as it had not been raised in prior ... Since such plea was not urged i....
1974 0 Supreme(Cal) 106 • India - Calcutta
A.C.Gupta, S.K.Datta
Final Decision: The court dismissed the appeal. ... Ratio Decidendi: The court held that the principle of res judicata is applicable to industrial adjudications, but it is not ... Whether the principle of res judicata is applicable to industrial adjudications? 2. ... The question now to be considered is whether the said principle of resjudicata is applicable to industrial d-judication....
2003 0 Supreme(J&K) 387 • India - Jammu and Kashmir
Y.P.NARGOTRA
Final Decision: The appeal was dismissed. ... Finding of the Court: The trial court held the suit not maintainable as the appellant had admitted the execution of ... expressly made applicable to execution proceedings, but the principles are applicable and if a point has been directly or by implication ... Court would operate as resjudicata by the application of the principles of the said doctrine. .......
2025 Supreme(Online)(P&H) 3900 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL, J
of constructive res judicata are applicable to writ proceedings. ... (Paras 1-5) ... ... (B) Writ Petition - Maintainability - If a civil suit is pending, a writ petition ... ... ... Findings of Court: ... The petition for review was dismissed due to improper application and lack of disclosure about pending ... The court held that the principles contained in Order 23 Rule 1CPC are applicable even in writ proceedings. ....
2011 0 Supreme(P&H) 595 • India - Punjab and Haryana
RAKESH KUMAR JAIN
(A) East Punjab Urban Rent Restriction Act, 1949--(As applicable to Chandigarh)--Civil Procedure Code, 1908, S.11--Resjudicata-- ... was dismissed and no revision was filed--Earlier order would operate as resjudicata. ... raised in earlier suit, was decided against landlord as he failed to prove that tenant were sub-tenants--Order became final, as appeal ... The same was decided on 27.11.1998 against which appea....
1982 0 Supreme(Gau) 56 • India - Gauhati
K.LAHIRI, T.C.DAS
in Nagaland, even though the Code itself is not applicable. ... in Nagaland, even though the Code itself is not applicable. ... Administration of Justice, even though the letter of the Code is not applicable. ... However, the villagers were not satisfied with the decision and carte up in appeal before Mr. S.J.B. ... the SDO at the earliest possible opp....
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