Sunday 3 September 2017

Whether principle of res judicata is applicable to consent order?

As far as the plea of res judicata is concerned, the fundamental principle requisite to its applicability is that the matter must have been heard and finally decided. This means that the matter must have been heard and decided by a competent court in the earlier proceedings. When a consent order is passed and the case is disposed of on the basis of consent, it cannot attract the principle of res judicata as such.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Special Appeal No. 14 of 2015

Decided On: 12.05.2017

Rajesh Goyal and Ors.Vs. State of Uttarakhand and Ors.

Hon'ble Judges/Coram:
K.M. Joseph, C.J. and V.K. Bist, J.
Citation: AIR 2017 Uttar 119.
Read full judgment here :Click here
Print Page

No comments:

Post a Comment