Res Judicata - 


           Section 11 of the Civil Procedure Code, 1908 relates to the principle of res judicata. Res Judicata which meansmatter already adjudged upon cannot be re-agitated again, or a matter in which judgment is already pronounced. The Doctrine Res Judicata is based upon the principle that one should not be vexed twice for the same cause and there should be finality of litigation. It helps to prevent endless litigations.  It is based on public policy.

Estoppel - 


             Indian Evidence Act 1872, Part III Chapter VII containing Sections 115 to Section 117 lay down the provisions relating to the Doctrine of Estoppel. Section 116 of the said Act deals with estoppel of tenant and of licensee of persons in possession. According to Section 115 of the Indian Evidence Act, "When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing."

Distinction/Difference Between Res Judicata and Estoppel -

 

See some Major Differences between Res Judicata and Estoppel.


No

Res Judicata

Estoppel


1)

As we all know the doctrine of Res Judicata results from the decision of the court.


On the other hand Estoppel results from the acts of the parties.
2)

It proceeds on the ground of public policy

Estoppels  proceeds upon the doctrine of equity


3)

Res Judicata prevent a man arriving the same thing twice in successive litigation


On the other hand estoppel prevents him from saying one thing at one time and the opposite at another.

4)

The theory of res judicata is to presume conclusively the truth of the former decision.


The rule of Estoppel prevents a person from setting up what he calls the truth.

5)

The Doctrine of Res Judicata outs the jurisdiction of the Court to try the case.


On the other hand Estoppel is only a rule of evidence.





See also...








3 comments:

  1. The author has discussed a very resourceful topic in times of the pandemic. We, as a nation, cannot keep our children out of schools forever. Hence a plan needs to be implemented where children can safely go to school without getting mass infected. However, it is not recommended for parents or children to go physically to the shops for book supplies. Hence there is a need for an online book shop such as KitaabNow.

    ReplyDelete
  2. UPMSP is the Uttar Pradesh state Government Administered Autonomous Examining authority for the Standard 12 Examination (or Secondary School level Examination) of Uttar Pradesh, Students Download UP Board Intermediate Question Paper 2022 at UP 12th Question Paper 2022. Students who will Appear for the UP 12th Class Exam 2022 can Fill the Online Application Form on the Official site of UPMSP on https://upmsp.edu.in. UP Board has Reduced the Late Fees for Online Application Submission, These UP Board Inter Question Paper 2022 are the Latest Study Materials.

    ReplyDelete

See Also..