Res judicata\u00a0is a legal principle which provides that the same dispute between same parties cannot be adjudicated upon if it has been already decided once.<\/p>\n
A Bench of Justices\u00a0N Kotiswar Singh\u00a0and\u00a0Malasri Nandi\u00a0said that the Supreme Court has conclusively settled the issue in\u00a0Abdul Kuddus Vs. Union of India\u00a0that the principle of\u00a0res judicata\u00a0will be applicable even with respect to Foreigners Tribunals.<\/p>\n
In view of the same it quashed an order dated March 18, 2021 passed by a Foreigners Tribunal against one Hasina Bhanu who was declared foreigner by Foreigners Tribunal, contrary to an earlier order passed by the tribunal in 2016 holding that she was not a foreigner\/ illegal migrant.<\/p>\n
Bhanu was first proceeded against by Foreigners Tribunal No.4, Darrang, Mangaldai and on August 17, 2016 it ruled in her favour holding that she is an Indian.<\/p>\n
Subsequently, the same tribunal proceeded against her in 2017 and by an order dated March 18, 2021 declared her a foreigner.<\/p>\n
She approached the High Court against the same contending that it was a violation of principle of\u00a0res judicata.<\/p>\n
The Court agreed with her submission.<\/p>\n
“In the teeth of the decision of the Hon\u2019ble Supreme Court in Abdul Kuddus, where it has been held that the principle of res judicata will be applicable even in a proceeding before the Foreigners Tribunal, we are unable to understand how the Tribunal proceeded to examine the matter and made the aforesaid observation,”\u00a0the High Court said.<\/p>\n
The second proceeding would be illegal being violative of the mandate of law under Article 141 of the Constitution of India as per which, the law declared by the Supreme Court will be binding on every court and tribunal within the territory of India, the High Court held.<\/p>\n
The Court, thus, allowed the petition and ordered that the petitioner be released in case she is under detention.<\/p>\n","protected":false},"excerpt":{"rendered":"
Res judicata\u00a0is a legal principle which provides that the same dispute between same parties cannot be adjudicated upon if it has been already decided once. A Bench of Justices\u00a0N Kotiswar Singh\u00a0and\u00a0Malasri Nandi\u00a0said that the Supreme Court has conclusively settled the issue in\u00a0Abdul Kuddus Vs. Union of India\u00a0that the principle of\u00a0res judicata\u00a0will be applicable even with […]<\/p>\n","protected":false},"author":1,"featured_media":61114,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[2998,47707,47709,47710,47708,47711,47712],"class_list":["post-61107","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-law-news","tag-gauhati-high-court","tag-gauhati-high-court-sets-aside-order-declaring-woman-foreigner","tag-justices-n-kotiswar-singh","tag-malasri-nandi","tag-res-judicata-applicable-to-foreigners-tribunal-too","tag-res-judicata-is-a-legal-principle","tag-same-dispute-between-same-parties-cannot-be-adjudicated"],"yoast_head":"\n