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Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared
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the CLAT exam syllabus. Information about Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam.
Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Direction: Read the following passage carefully and answer the questions given below:In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit. Res Judicata is one of the most important rules in Law where Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. This doctrine in substance means that an issue or a point decided and having attained finality should not be allowed to be re-opened and re-agitated twice over. Two Maxims and Rules of Res Judicata are ‘interest republicae ut sit finis litium’ (It is interest of the State that there should be an end to litigation). This is the principle in finality of litigation and is based on high principles of public policy. ‘nemo devet vis vexari pro una et eadem cause” (No man should be taxed twice over for the same cause). No one ought to be vexed twice in the same litigation if it appears to the Court that is for one and the same cause. It operates against both the parties to the suit, and not against one alone. The doctrine applies to all judicial proceedings and it equally applies to quasi-judicial proceedings in tribunals. In order to decide the question whether a subsequent proceeding is barred by res judicata it necessary to examine the question with reference to: (i) Forum or competence of Court. (ii) Parties and their representatives. (iii) Matters in issue in the former suit. (iv) Matters which ought to have been made a ground. (v) Final decision. The doctrine of res judicatais a mixed question of fact and law and the bar of res judicatais mandatory, and cannot be avoided by a party. Petitions are also covered in the ambit of Res Judicata.Q.Is the former employees objection to the maintainability of a lawsuit on the grounds of res judicata valid when a company filed a suit against the employee for breach of confidentiality and non-compete clauses, which was dismissed due to lack of evidence, and later filed a suit seeking damages for the same breach?a)The former employees objection on the ground of res judicata is not valid as the first suit was dismissed on a technical ground.b)The former employees objection on the ground of res judicata is not valid as the second suit seeks a different relief.c)The former employees objection on the ground of res judicata is valid as the matter in issue and the parties are the same in both suits.d)The former employees objection on the ground of res judicata is not valid as the second suit is based on a different cause of action.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.