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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Res Judicata: Section 11 of Code of Civil Procedure - Judiciary Exams MCQ

Test: Res Judicata: Section 11 of Code of Civil Procedure - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Res Judicata: Section 11 of Code of Civil Procedure

Test: Res Judicata: Section 11 of Code of Civil Procedure for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Res Judicata: Section 11 of Code of Civil Procedure questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Res Judicata: Section 11 of Code of Civil Procedure MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Res Judicata: Section 11 of Code of Civil Procedure below.
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Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 1
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What is the fundamental concept encapsulated by the doctrine of res judicata?

Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 1
The doctrine of res judicata is rooted in the principle of ensuring finality in legal disputes. Once a matter has been conclusively settled by a competent court, it cannot be re-litigated in subsequent proceedings involving the same parties. This principle aims to bring closure to legal matters and prevent parties from endlessly litigating the same issue, ultimately saving time and expenses.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 2
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Which historical legal case highlighted the broader application of the principle of res judicata beyond the strict letter of the law?

Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 2
The case of Lal Chand v. Radha Krishna brought attention to the broader application of the principle of res judicata beyond the strict letter of the law. In this case, Chandrachud, J. elaborated on the significance of the doctrine, emphasizing its role in ensuring that legal disputes eventually come to a definitive end and preventing parties from being subjected to repeated litigation on the same issue. This interpretation underscores the importance of finality in legal decisions for the greater public good.
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Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 3
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What does the legal doctrine of Res Judicata primarily aim to prevent?

Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 3
Res Judicata aims to prevent the re-examination of matters that have already been directly and extensively contested in a previous case involving the same parties or their successors, litigating under the same title. This doctrine ensures that once a matter has been conclusively decided by a competent court, it should not be relitigated, promoting finality and judicial efficiency.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 4
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How does Res Judicata affect relief not granted in a decree?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 4
Under Res Judicata, relief not granted in a decree is deemed as denied for the purpose of this doctrine. This means that issues or claims for relief that were not granted in the initial judgment are treated as if they were explicitly denied, preventing parties from seeking the same relief again in future litigation based on the same set of facts and circumstances.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 5
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What is the primary purpose of the legal concept of Res Judicata?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 5
The legal concept of Res Judicata serves to safeguard individuals from repetitive legal challenges. It emphasizes the importance of achieving finality in legal matters to protect individuals from being subjected to multiple vexatious litigations for the same issue. This fundamental principle in jurisprudence underscores the necessity of concluding legal battles effectively in the interest of justice and efficiency.
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What does Halsbury's Laws of England articulate regarding the concept of Res Judicata?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 6
Halsbury's Laws of England articulates that Res Judicata is a fundamental principle in jurisprudence, emphasizing the necessity for concluding legal battles. This principle underscores the importance of achieving finality in legal matters to protect individuals from repetitive legal challenges and to promote the conclusion of legal disputes in a just and efficient manner.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 7
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In which circumstances can parties deviate from the bar of res judicata according to the Indian Evidence Act, 1872?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 7
Parties can deviate from the bar of res judicata under the Indian Evidence Act, 1872, in cases where fraud, collusion, or lack of jurisdiction can be proven. These exceptional circumstances allow parties to challenge the finality of a judgment if they can demonstrate that the original decision was obtained through fraudulent means, collusion between parties, or if the court lacked jurisdiction to hear the case.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 8
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What is the fundamental principle underlying the concept of res judicata that aims to prevent repeated litigation over the same issue?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 8
The concept of res judicata, with the principle "Nemo debet bis vexari pro una et eadem causa (No man should be vexed twice for the same cause)," primarily focuses on preserving private interests by avoiding repeated harassment and litigation over the same issue. This principle ensures that individuals are protected from facing multiple legal proceedings concerning the same matter, promoting finality and fairness in legal disputes.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 9
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What exception under Section 44 of the Indian Evidence Act, 1872, allows parties to bypass the bar of res judicata in certain cases?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 9
Under Section 44 of the Indian Evidence Act, 1872, parties can avoid the binding effect of res judicata in cases where fraud, collusion, or lack of jurisdiction can be proven. This exception permits the introduction of new and relevant evidence that was not presented in the original legal proceedings, thereby justifying a reexamination of the matter to ensure justice and fairness.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 10
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How does Res Judicata impact legal proceedings involving the same subject matter?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 10
Res Judicata functions to prevent the same issue that has been conclusively settled in a prior case from being re-litigated in subsequent legal actions. This principle aims to promote finality in legal decisions and avoid the unnecessary relitigation of matters that have already been resolved.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 11
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What legal principle would prevent a party from re-opening a case involving the same subject matter and parties?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 11
The doctrine of res judicata prevents a party from re-opening a case that involves the same subject matter and parties. This legal principle aims to ensure finality in legal disputes, preventing parties from repeatedly litigating the same issues. Once a final judgment has been made on a particular case, the same parties cannot bring the case before the court again.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 12
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How does the doctrine of res judicata contribute to the legal system's efficiency and effectiveness?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 12
The doctrine of res judicata contributes to the efficiency and effectiveness of the legal system by ensuring consistency and finality in judgments. This principle prevents parties from endlessly litigating the same issues, thereby promoting judicial economy and the integrity of court decisions.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 13
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In which scenario would the principle of Res Judicata not apply?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 13
The principle of Res Judicata would not apply when a special leave petition is dismissed without a decision. In such a situation, for the doctrine of Res Judicata to apply, the formal suit must be decided by a competent court. This exception ensures that the principle is invoked only when there has been a substantive decision made by the court, maintaining the integrity of legal finality.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 14
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What type of court orders are exempt from the principle of Res Judicata?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 14
Interlocutory orders issued by the court are exempt from the principle of Res Judicata. These orders, providing immediate relief and being subject to modification without finality, serve specific legal purposes distinct from conclusive determinations. This exemption acknowledges the provisional nature of such orders in legal proceedings, ensuring flexibility and fairness in addressing urgent legal issues.
Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 15
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What is the potential consequence if a court fails to apply the principle of res judicata and issues conflicting judgments on the same matter?
Detailed Solution for Test: Res Judicata: Section 11 of Code of Civil Procedure - Question 15
If a court neglects to apply the principle of res judicata and renders conflicting judgments on the same matter, the case may be escalated to a higher court for resolution. This ensures that legal consistency is maintained and that the doctrine of res judicata, which prevents the same matter from being litigated again, is appropriately applied.
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