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Henderson doctrine, a logical extension of the Indian concept of constructive Res-judicata, was recently clarified by the Supreme Court.
The Doctrine derives from the English case Henderson v/s Henderson (1843), which states that all issues arising from the same subject matter in litigation should be resolved in a single suit.
It prevents parties from revisiting issues that could or should have been addressed earlier. Any issue related to that matter that could have been raised previously cannot be raised again in future proceedings unless there are exceptional circumstances.
It is a legal principle that prohibits litigants from filing another lawsuit on the same issue after it has already been decided by an appropriate court. The central idea is that once a court has ruled on an issue involving the same parties, it cannot be reopened in any other court.
This principle ensures that legal disputes are resolved once and for all, thereby increasing judicial efficiency and avoiding endless litigation. Res Judicata applies to both civil and criminal cases.
The Henderson Doctrine is closely related to the Indian doctrine of constructive res judicata. Both doctrines aim to prevent the same issues from being raised in multiple courts to ensure finality and reduce unnecessary legal battles.
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PRACTICE QUESTION Q.Which one of the following is correct about the principle of Res Judicata? A) It prevents the same parties from arguing the same issue in different courts. B) It is limited to civil cases involving property disputes. C) This implies that "the case is dismissed without hearing." D) It indicates that "the case is dismissed due to a lack of evidence." Answer: A Explanation: The principle of Res Judicata is a legal doctrine that prohibits the same issue from being litigated multiple times. |
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