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Distinction between the Res-judicata and stare decisis –
(i) Res-judicata is based upon conclusiveness of judgment and adjudication of prior findings whereas stare decisis rests on legal principles.
(ii) Res-Judicata binds the parties and privies while stare decisis operates between strangers also but does not bind courts from taking a contrary view on the point of law already decided.
(iii) Res-Judicata binds the parties and privies while stare decisis operates between strangers also and binds courts from taking a contrary view on the point of law already decided.
(iv) Res-judicata touches legal principles, stare decisis relate to a specific controversy.
(v) Stare decisis applies to the same principles of law to all parties, Res-judicata presupposes judicial finding upon the same facts as involved in subsequent litigation between the same parties.
(vi) Res-judicata relates to a specific controversy but Stare decisis touches the legal principles Select the wrong statements -
(i), (ii), (iv), (v)
(i), (iii), (v), (vi)
(i), (ii), (iv)
(ii), (iv)
1. Stare decisis binds the courts also from taking a contrary view on the point of law already decided. 2. R.J. relates to specific controversy and stare decisis touches the legal principles
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