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  • Res Judicata and Laches

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    Amarjot Singh
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    This document discusses the doctrines of laches and res judicata. It defines laches as meaning "out of time" and refers to the principle that courts will help vigilant parties, not those who sleep on their rights. It notes that for laches to apply, the delay must be unreasonable, negligence must be proven, and the petitioner must have prior knowledge of the claim. It provides examples of cases where laches was applied or not applied. It then defines res judicata as "a matter already adjudged" and aims to promote fairness and prevent abuse of the law. It discusses principles of res judicata including that no one should be vexed twice for the same cause and judicial decisions must be accepted as correct.

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    resjudicata

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    RES JUDICATA AND LACHES

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    This document discusses the doctrines of laches and res judicata. It defines laches as meaning "out of time" and refers to the principle that courts will help vigilant parties, not those who sleep on their rights. It notes that for laches to apply, the delay must be unreasonable, negligence must be proven, and the petitioner must have prior knowledge of the claim. It provides examples of cases where laches was applied or not applied. It then defines res judicata as "a matter already adjudged" and aims to promote fairness and prevent abuse of the law. It discusses principles of res judicata including that no one should be vexed twice for the same cause and judicial decisions must be accepted as correct.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    13 views16 pages

    Res Judicata and Laches

    Uploaded by

    Amarjot Singh
    This document discusses the doctrines of laches and res judicata. It defines laches as meaning "out of time" and refers to the principle that courts will help vigilant parties, not those who sleep on their rights. It notes that for laches to apply, the delay must be unreasonable, negligence must be proven, and the petitioner must have prior knowledge of the claim. It provides examples of cases where laches was applied or not applied. It then defines res judicata as "a matter already adjudged" and aims to promote fairness and prevent abuse of the law. It discusses principles of res judicata including that no one should be vexed twice for the same cause and judicial decisions must be accepted as correct.

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    of 16

    DOCTRINE OF LACHES AND RES

    JUDICATA

    DR. FORAM PATEL


    DOCTIRNE OF LACHES
    MEANING

    • MEANING:“OUT OF TIME…”
    • PRINCIPLE: THE COURT WILL HELP THE VIGILANT
    ONES AND NOT THE ONES WHO SLEEPS ON THE
    RIGHTS GIVEN TO THEM AND THUS THIS DOCTRINE
    SHALL HELP …
    • MORAL RATIONALE FOR THE ROLE OF LIMITATION IS
    BEEN PRACTICED…
    • THE WRIT ISSUING POWERS OF SUPREME COURT AND HIGH COURTS FOR
    THE ENFORCEMENT OF FUNDAMENTAL RIGHTS IN MANDATORY,
    HOWEVER THE COURT MAY REFUSE IF THERE IS UNREASONABLE DELAY IN
    INVOKING THE JURISDICTION OF THE COURT.
    • UNLIKE LIMITATION, THERE ARE NO FIXED PERIOD FOR LACHES TO BE
    MADE APPLICABLEAND EVERY CASE SHALL HAVE THEIR OWN MERIT ON
    WHICH IT WILL BE DECIDED.
    • THE RATIONALE:
    • IF THE RELIEF CANNOT BE CLAIMED IN ORDINARY MANNER BECAUSE THE
    PERIOD HAS EXPIRED, THE SAME WILL NOT BE GRANTED BY THE HIGH
    COURT IN EXERCISE OF ITS EXTRAORDINARY POWER. BUT THE HIGH
    COURT
    ELEMENTS:

    • DELAY MUST BE RESONABLE


    • NEGLIGENCE IS TO BE VERIFIED IN ASCERTAINING
    CLAIM
    • KNOWLEDGE OF THE CLAIM BY PETITIONER IN
    ADVANCE
    CASES AND ILLUSTRATIONS

    • HARYANA STATE HANDLOOM V. JAIN SCHOOL


    SOCIETY, 2003
    • DR. KARAN SINGH V. STATE OF J&K, 1986
    • Y & Z: FARMERS GROWING CROPS IN OTHER’S
    TERRITORY AND WITH KNOWLEDGE NO
    ACTION FOR 18 YEARS:
    Q: IS THE TIME TAKEN ALLOWED BY LAW TO
    ENTERNTAIN THE NEW SUIT?
    DIFFERENCE BETWEEN LACHES AND
    LIMITATION

    LIMITS A PERSON WHO IT BARS A PERSON TO FILE


    SLEEPS ON THE RIGHT AND THE SUIT BEYOND A
    DID NOT TAKE ACTIONS IN PRESCRIBED AMOUNT OF
    DUE TIME TIME DEPENDING ON
    JURISDICTION
    BASED ON PRINCIPLE OF BASED ON LAW
    EQUITY
    IT IS A FACT BASED DEFENCE IT IS A LEGAL DEFENCE
    NEXUS IN ADMINISTRATIVE LAW…

    • LEGAL CLAIMS ARE IN QUESTION


    • JUSTICE SYSTEM IS THERE IN ROLE
    • ADMINISTRATIVE LAW IS THE REGULATORY LAW
    PROVIDING DOCTRINES AND A BRANCH OF PUBLIC
    LAW
    • LACHES PROTECTS THE RIGHTS OF A PERSON EVEN
    IF THE DELAY HAS OCCURRED
    • THUS…
    RES JUDICATA
    MEANING…

    • “A MATTER ALREADY ADJUDGED …”


    • S. 11 OF CPC INCORPORATES RES JUDICATA ALSO
    KNOWN AS “RULE OF CONCLUSIVENESS OF
    JUDGEMENT”…
    AIM…

    • SEEKS TO PROMOTE FAIR ADMINISTRATION OF


    JUSTICE AND HONESTY AND TO PREVENT THE LAW
    FROM ABUSE
    • NOT ONLY APPLICABLE FOR THE SAME CLAIMS BUT
    ALSO TO THE CLAIMS WHICH COULD HAVE BEEN A
    PART…
    PRINCIPLES…

    1. NO MAN BE VEXED TWICE FOR THE SAME CAUSE


    2. IT IS IN THE INTEREST TO THE STATE THAT THERE
    SHOULD BE AN END TO LITIGATION
    3. JUDICIAL DECISIONS MUST BE ACCEPTED AS
    CORRECT…
    FACETS OF RES JUDICATA

    • RES JUDICATA AND STARE DECISIS


    • RES JUDICATA AND ESTOPPEL
    • RES JUDICATA AND RES SUBJUDICE
    FACTORS APPLICABLE FOR THE SAME…

    • PREVIOUS CASE IN EXISTANCE OF SAME FACTS AND SAME


    PARTIES
    • THE JUDGEMENT IN THE PRIOR CASE WITH SAME CLAIMS
    • PREVIOUS CASE WAS RESOLVED BY THE FINAL JUDGEMENT ON
    MERITS
    • FAIR OPPORTUNITY OF BEING HEARD WAS PROVIDED TO THE
    PARTIES
    NEXUS WITH ADMINISTRATIVE LAW…

    BOMBAY GAS CO.LTD. V. JAGANNATH


    PANDURANG, 1975
    THANK YOU

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