Mathura Prasad Bajoo Jaiswal v Dossibai N.B. Jeejeebhoy
AIR 1971 SC 2355; (1970) 3 SCR 83019701 min read
The case in brief30-second read
- Facts
- In an earlier proceeding between the parties, the court held that the Bombay Rent Act did not apply to open land let for building purposes, and so declined to fix a standard rent. The same question arose again in a later application between the same parties.
- Issue
- Whether an earlier decision on a pure question of law, relating to the jurisdiction of the court, operates as res judicata.
- Held
- A question of law unrelated to facts which gives rise to a right, such as a decision that wrongly assumes or refuses jurisdiction, or one that sanctions something prohibited by law, does not operate as res judicata. Otherwise a wrong decision on jurisdiction would confer or take away jurisdiction contrary to the statute.
- Principle
- A decision on a pure question of law relating to jurisdiction, or contrary to statute, is not res judicata.
Facts
- In an earlier proceeding between the parties, the court held that the Bombay Rent Act did not apply to open land let for building purposes, and so declined to fix a standard rent. The same question arose again in a later application between the same parties.
Issue
- Whether an earlier decision on a pure question of law, relating to the jurisdiction of the court, operates as res judicata.
Held
- A question of law unrelated to facts which gives rise to a right, such as a decision that wrongly assumes or refuses jurisdiction, or one that sanctions something prohibited by law, does not operate as res judicata. Otherwise a wrong decision on jurisdiction would confer or take away jurisdiction contrary to the statute.
Cite this
Citation
Mathura Prasad Bajoo Jaiswal v Dossibai N.B. Jeejeebhoy AIR 1971 SC 2355; (1970) 3 SCR 830Reported: https://indiankanoon.org/doc/1006709/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.