Whether res judicata apply to bails and writs?

Guest (Querist) 27 August 2011 This query is : Resolved
Experts kindly clarify Whether Res Judicata apply to bails and writs? some says it will not apply to bails.

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M/s. Y-not legal services (Expert) 27 August 2011
Resjudicate applicable for civil matters only. In criminal case its called as 'double jeo pardy'. So you heard correct only.

prabhakar singh (Expert) 27 August 2011
Expert : tom.advocate advised you exactly.

'Res judicata' ,by Etymology has its origin in Latin and means a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute.AND is recognized by ingredients contained in section 11 of Civil procedure code to apply only to suits laid under section 9of the Code.
It would be available as principle in Civil writs too.
AND 'Double jeopardy' is a procedural defense that forbids TRIAL of an accused, from being tried again on the same, or similar charges following a legitimate acquittal or conviction. At common law an accused may plead autrefois acquit or autrefois convict (a peremptory plea), meaning the accused has been acquitted or convicted of the same offense.

Advocate Bhartesh goyal (Expert) 27 August 2011
I do agree wiyh experts.

M/s. Y-not legal services (Expert) 27 August 2011
Nicely advised by mr.prabhakar

Advocate. Arunagiri (Expert) 27 August 2011
I do agree with experts.

Guest (Querist) 27 August 2011
DISMISSAL OF BAIL BARS THE FRESH BAIL/SECOND BAIL ON THE SAME FACTS. IT IS THE REASON TO DISMISS THE BAIL. KINDLY CLARIFY

Raj Kumar Makkad (Expert) 27 August 2011
No fresh bail application can be moved before same court again thus it is bar and similar is the position in case of writ.

prabhakar singh (Expert) 28 August 2011
To explore a little more you can not seek bail twice on the same ground upon which it has stood rejected earlier.

But a fresh bail application on altogether fresh ground never considered earlier may not act as a bar.

M/s. Y-not legal services (Expert) 28 August 2011
With the change of circumstances its can be filed the second bail petition for the same case which is earlier got dismissed.

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