judgement in a case is appicable to all similar cases.Supreme court India judgement 05-06.I wish to know more?

Question

When there is a judgement in a case,no one need file cases with same complaint.Former judgement is applicable to all similar cases.I wish to know more details of this judgement of Supreme court of India 2005 or 2006.Can you help me.

Answer 1

Judgment by the Supreme Court passed in any particular case is based on the evidence placed on the records & circumstances leading to the conclusion. The law formed by the Supreme Court no doubt is applicable to any similar cases, but as you may be aware the facts of any two cases are never same although they may be similar & even the circumstances of any two cases are never same although they may be similar, keeping in mind these facts & the general law formed by the Supreme Court in any other matter has to be applied in the new matter pending before the adjudicating court, to say one need not file cases with similar facts will be wrong, as far filling same case with same facts is already not allowed as per the principle of res judicata which is well recognized in the jurisprudence. As told you former judgments will be applicable on the similar cases but as it is new matter before the adjudicating court it will have to see the evidence & circumstances of the given case & then apply the former S.C. judgment on it. Check the Supreme Court of India website for checking all the important judgments passed by it.