CURRENT AFFAIRS
CURRENT AFFAIRS
Description
In a recent ruling, the Supreme Court of India clarified the Henderson Doctrine, which is closely related to the Indian principle of constructive Res Judicata.
About Henderson Doctrine
The Henderson Doctrine was established in the English case of Henderson v. Henderson in 1843. It suggests that all issues arising out of the same subject matter in litigation should be addressed in a single legal proceeding. The doctrine prohibits the re-litigation of matters that could or should have been raised in earlier proceedings.
According to this doctrine, once a matter becomes the subject of litigation and is adjudicated by a competent court, the parties involved are required to present their entire case at that time. The court held that the principle of Res Judicata extends beyond the points on which the court has directly adjudicated. It applies to all possible issues related to the subject of the litigation that the parties should have raised earlier but failed to do so.
In essence, the Henderson Doctrine ensures that parties are not subjected to repetitive and unnecessary legal battles over the same matter. The principle mandates that all claims that could and should have been raised in an earlier case are barred from being raised in any subsequent litigation, unless there are exceptional circumstances.
About Principle Of Res Judicata
Res Judicata, which means "the thing has been judged," is a judicial doctrine that prevents the re-litigation of issues that have already been decided by a court in previous proceedings involving the same parties. Known also as claim preclusion, this principle ensures that once a court has rendered a final judgment on a matter, the same issue cannot be brought before the court again.
Under Res Judicata, when a party attempts to file a case on the same matter after a judgment has been made in an earlier case involving the same parties, the court will dismiss the new suit as futile. This principle applies not only in civil cases but also in criminal matters, ensuring that the judicial system is not burdened with repeated disputes over the same issue.
In summary, both the Henderson Doctrine and Res Judicata serve to promote judicial efficiency, fairness, and finality, preventing unnecessary legal proceedings while protecting the rights of all parties involved.
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