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Monday, 26 December 2016

Res-Judicata MCQ tutorial for Bangladesh Ba Council Exam

Res-Judicata means pre-trial and final judicial decision of the court of the competent jurisdiction.It is a Latin term and borrowed from Roman law which means "One matter already judged".The matter once adjudicated, can't be re-adjudicated.If the matter once pronoun between the parties, can't be contradicted by any one.The same subject matter can't arise between the same parties.If it is found that once the issue has been settled by the court,can't arise in any stage of future between the same parties or co parties with the same subject matter.
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In the word of SPENCER BOWER,Res-Judicata means 'a final judicial decision pronounced by judicial tribunal having competent jurisdiction over cause or matter in litigation and over the party therto'.
Res-Judicata is applied either question of law or question of facts,sometime it'both.
In section 11 of The code of Civil Procedure-1908,it has been stated that "No court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties or parties under whom they or any of them claim.litigating under the same title in a competent court to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such court ".
It included six explanations such as-
1.The expression of former suit shall denote a suit which has been decided prior to the suit in question whether or not it was instituted thereto.
2. For the purpose of this section,the competence of a court shall be determined irrespective of any provisions as to a right an appeal from the decision of such court as was set up in the suit this means there shall be identify of the subject matter in both the suits.
3. The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or implied, by the other.
4. Any matter which might and ought to have been made of defense or attack in former suit shall be deemed to have been a matter of directly and substantially in issue in such suit.
5. Any relief claimed in the plaint, which is not expressly granted by t he decree shall for the purpose of this section be deemed to have been refused.
6. Where person litigate bonafide in respect of a public right or of a private right claimed in common for themselves and others all person interested in such right shall for the purpose of this section be deemed to claim under the person so litigating.