MCQ 25 Nov 2023

Daily Static MCQs for CLAT Prelims Exams - (25 November 2023)



Recently, a Division Bench of the Supreme Court reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined: “The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to litigation and no party ought to be vexed twice in litigation for one and the same cause”. It is the case of the appellant that he was initially appointed as a Substitute Teacher on 05.12.1989. According to him, artificial breaks were created in his service by terminating him on the eve of the school vacations and thereafter reappointing him. He was again terminated on 22.09.1990, on the eve of Puja Holidays. However, he was re-engaged on 01.11.1990. Accordingly, respondent-authorities acted in terms of the true purport of the order. They subjected the appellant also to the process of screening by the Screening Committee and appointed him as Primary Teacher (Bengali Medium) in the Railway Higher Secondary School against an existing vacancy. However, aggrieved by the same, appellant approached the tribunal. The appellant’s grievance was that he should have been absorbed as Assistant Teacher since he worked as a substitute Assistant Teacher and taught Classes XI and XII. The tribunal dismissed appellant’s application and the same was upheld by the High Court. After hearing the arguments of both parties, the Court was of the view that the appellant’s claim for absorption as Assistant Teacher in the Higher Secondary Section is not tenable. It observed that the appellant was appointed as a substitute teacher in the pay scale of a primary teacher. In fact, when he filed the first round of proceedings,no plea was raised that he worked as an Assistant Teacher in the Higher Secondary Section. Even before the Tribunal, the argument was only about regularization. Before this Court too, no claim for regularization as Assistant Teacher in the Higher Secondary Section was made. The Screening Committee having considered him, pursuant to the orders of this Court, had thought it fit to absorb him only as a primary teacher; the Screening Committee itself was pursuant to the orders of this Court; the records of his appointment as a substitute teacher admittedly show that he was only appointed as a substitute primary teacher; it is on the completion of three months as substitute primary teacher that he acquired temporary status and on absorption now he became entitled to certain benefits.

Question1:-On which of the following is the doctrine of res judicata based?
  • A. No one should be vexed twice for the same cause more than once.
  • B. It is in the interest of the public that finality should be attached to the decisions of courts.
  • C. There should be an end to litigation.
  • D. All of the above.
Answer is D is correct. The doctrine of res judicata is based on all of the aforementioned principles and it is in consonance with the doctrine of double jeopardy to an extent alongside providing finality in substance to the decisions of the Judiciary. Therefore, option d is the correct answer.
Question2:-Which of the following statements is incorrect pertaining to res judicata?
  • A. The principle of res judicata is founded upon the principles of natural justice.
  • B. A final decision of the judicial authority shall be accepted as the correct decision.li>
  • C. The principle of res judicata is only applicable to civil proceedings.
  • D. The principle of res judicata applies to a matter that has been already adjudicated.
Answer is C is correct. The principle of res judicata is applicable to both proceedings of a civil or a criminal nature. Furthermore, they are also applicable to writs if the decision is on merits and the order is a speaking order. All statements except option C are correct regarding the principle of res judicata. Hence, option c is the appropriate response.
Question3:-Anshu lost a property dispute against his brother Bicky through the final decision of a competent district court. He wishes to sue his brother again for the same property in dispute as earlier. Decide based on the principle stated in the passage.
  • A. Anshu can sue Bicky in a parallel court of law.
  • B. Anshu cannot sue Bicky for a different disputed property.
  • C. Anshu cannot sue Bicky for the same disputed property.
  • D. Anshu can sue Bicky till he wins the case against him.
Answer is C is correct. The doctrine of res judicata clearly prohibits a litigant from filing a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties. In the aforementioned case, Anshu cannot sue Bicky for the same disputed property, as per the principle of res judicata. Therefore, option c is the appropriate response.
Question4:-Which of the following statement(s) is/are true regarding the application of res judicata?

1. It is applicable to suits.
2. It is applicable to execution proceedings.
3. It is applicable to arbitration proceedings.
  • A. Only 1 is correct.
  • B. Only 2 is correct.
  • C. Both 1 and 2 are correct.
  • D. Both 1 and 3 are correct.
Answer is C is correct. The application of the principle of res judicata is not limited to either suits or execution proceedings. Rather, it is applicable in both the cases but it does not apply to arbitration proceedings. Therefore, option c is the correct answer.
Question5:-Chandan lost a dispute for recovery of a certain amount of money against his brother Gaurav through the final decision of a competent district court. He wishes to sue his brother again for the same cause of action as in the earlier dispute. Decide based on the principle stated in the passage.
  • A. Chandan can sue Gaurav in a parallel court of law.
  • B. Chandan cannot sue Gaurav for a different dispute.
  • C. Chandan cannot sue Gaurav for the same dispute.
  • D. Chandan can sue Gaurav till he wins the case against him.
Answer is C is correct. The doctrine of res judicata clearly prohibits a litigant from filing a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties. In the aforementioned case, Chandan cannot sue Gaurav for the same dispute, as per the principle of res judicata. Therefore, option c is the appropriate response.