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Gurcharan Goyal (Advocate)     03 December 2010

Application of Res judicata

hello members

in public nuisance there is provision of section 133 of cr.p.code as well as section 91 of c.p.c.. And in IPC there is also sections according to nuisance. I have been already filed a  case under section 133 of cr.p.code in the court of S.D.M.. But i am  interesting to file the same case in c.p.c. also. Is it possible to file the same case against same parties, when one suit under section 133 cr.p.code in pending in S.D.M court ? is Res judicata does not apply here.if it is possible can it is valuable for me to file a case under C.P.C. for availing permanent injunction is it valuable for me.



Learning

 5 Replies


(Guest)

RES JUDICATA  APPLIES ONLY TO THE CIVIL PROCEEDINGS.

There will not be any resjudicata for criminal prosecution  and civil suits.

You can file a suit for mandatory injunction before a civil court and also for damages caused due to nuisance.


(Guest)

Under Article 20 and Clause 2 two trials[civil or criminal or mixed] are barred for the same cause of action and even when the parties are different. Estoppel can also apply under this Article of the Constitution. No one can be subjected to Double jeapardy by trying that person[s] in two different courts/tribunals/authorities :
 

" the putting of a person on trial for an offense for which he or she has previously been put on trial under a valid charge : two adjudications for one offense  ".

raja (business)     06 December 2010

Under Article 20 and Clause 2 two trials[civil or criminal or mixed] are barred for the same cause of action and even when the parties are different. Estoppel can also apply under this Article of the Constitution. No one can be subjected to Double jeapardy by trying that person[s] in two different courts/tribunals/authorities :...dear sir, in case of debt recovery ,banks are claiming for one loan in drt and also in sarfesai. can challenge the same?

Amit Minocha (Lawyer)     23 December 2010

In criminal case you are seeking justiceagainst the offence which has done to you. While in civil case you are not only seeking refrain from further acts which may lead to offence against you but also the compensation or what you have already done.

JT Rajasuriya, Chennai (Advocate 98410 53790)     25 December 2010

Double jeopardy will come into play.


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