What is Henderson Doctrine?

About Henderson Doctrine:

• Propounded in the English case of Henderson versus Henderson, 1843, the doctrine suggests that all the issues arising in the litigation out of the same subject matter must be addressed in a single suit. 
• The doctrine bars relitigating issues that could or should have been raised in prior proceedings.
• It held that where a given matter becomes the subject of litigation and the adjudication of a court of competent jurisdiction, the parties so litigating are required to bring forward their whole case.
• It was further held that the principle of res judicata applies not only to points upon which the Court was called upon by the parties to adjudicate and pronounce a judgement but to every possible or probable point or issue that properly belonged to the subject of litigation and the parties ought to have brought forward at the time.
• It ensures that litigants are not subjected to repetitive and vexatious legal challenges.
• At its core, the principle stipulates that all claims and issues that could and should have been raised in an earlier proceeding are barred from being raised in subsequent litigation, except in exceptional circumstances. 

What is the Principle of res judicata?

• Res judicata literally means ‘the thing has been judged”. It is also known as claim preclusion. 
• The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter after having received a judgment in a previous case involving the same parties.
• It is a judicial concept, which means that the issue before the court has already been decided by another court, between the same parties, and the courts do not allow a petition to be filed in the same court or in another court. 
• Therefore, the court will dismiss the case before it as being useless.
• Res Judicata as a concept is applicable both in Civil as well as Criminal legal system.

Q1: What is Judicial Activism?

Judicial activism refers to the idea that judges should actively interpret and shape the law rather than simply applying it as it is written. 

News: Supreme Court Explains ‘Henderson Doctrine’ : Re-Litigation of Issues That Could Have Been Raised Earlier Is Barred

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