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yogesh (will tell you later)     14 January 2009

Whether Resjudiciate also applicable on Trbunal decisions?

Dear Friends,

Please let me inform whether doctrine of resjudiciata also applicable on CAT decisions in the Hon'ble High Courts?

Regards



Learning

 4 Replies

Tribhuwan Pandey (Advocate)     14 January 2009

If you are challenging the decision of CAT in the High Court then no question of res-judicata.


If you are filing petition before the High Court on the same grounds and relief which earlier you have filed before CAT, in such case principle of res judicata applicable.

Mohit Attri (lawyer)     14 January 2009

yes i agree wid pandey sir.resjudicate is apllicable on the same ground and same party but in case of apeal res judcta is not aplicble.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 January 2009

Yes Mr. Pandey is absolutely right.

Y V Vishweshwar Rao (Advocate )     23 March 2009

Mr Pandey and Mr Mohit view are correct


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