This is a very progressive provision, which shows that as early as the 1950s India was alive to the injustices that may be visited upon litigants if the court only had strict reliance on the doctrine of res judicata
. Instead of simply leaving it to the courts, the State of India decided to develop the common law through a constitutional provision.
(114) Rosa Theofanis, "The doctrine of Res Judicata
in International Criminal Law' (2003) 3 International Criminal Law Review 195
Ibid at n 6 suggests a comparison between Ernst Schopflocher ("What is a Single Cause of Action for the Purpose of the Doctrine of Res Judicata
?" (1942) 21:4 Or L Rev 319) and the Restatement (supra note 3, [section] 24).
The doctrine of res judicata
is also unharmed by allowing a compulsory counterclaim to relate back or toll.
1999) (quoting more extensively from Chick Kam Choo and stating that "the relitigation exception is narrower than the doctrine of res judicata
"); Movado Group, Inc.
a (1982) ("[Prior to adoption of the Federal Rules of Civil Procedure,] there was little difference in the doctrine of res judicata
as expounded in state and federal courts.
The doctrine of res judicata
,(93) as applied by the Ninth Circuit, is designed to preclude future litigation on claims or matters that have previously been determined.(94) The doctrine has been developed almost entirely by the courts and is "very much a common law subject."(95) The notion of res judicata originally developed in Roman law, stressing the finality and preclusive effect of a judgment.(96) The doctrine was subsequently carried over into both English(97) and American common law and can be summarized by two traditional maxims: first, that no person should be twice vexed by the same claim; and second, that it is in the public interest that there be an end to litigation.(98)
The legal doctrine of res judicata
was correctly found by the Colorado court to provide that an existing final judgment in a court of competent jurisdiction is conclusive of the rights of the parties in any subsequent litigation on the same claim, and applies where there is identity of subject matter, identity of claim, and identity of parties to the action.
The district court granted the defendants' motion for summary judgment, concluding that Bennett's fraudulent transfer claims and alter-ego claim were precluded under Virginia's doctrine of res judicata
An action to set aside an award may be filed, but the doctrine of res judicata
precludes the parties from re-litigating issues already decided, even if there is new legal or factual evidence.
Latin for "the thing has been decided," the doctrine of res judicata
performs one of the most important functions in the law.
The Tax Court ruled that the doctrine of res judicata
did not bar a taxpayer from claiming net operating loss (NOL) carrybacks to 1999 and 2000, despite a prior deficiency case involving those years, because the statutory scheme for NOL carrybacks includes Sec.