Principle of RES JUDICATA

Rahul Singh (Querist) 28 November 2009 This query is : Resolved
Kindly let me know as to whether the RES JUDICATA principle is applicable to Criminal proceedings or not, with Judgments ?

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prakash vathore (Expert) 28 November 2009
certainly resjudicata is applicable in criminal proceedings also.

Srinath Kondapally (Expert) 28 November 2009
Resjudicate is applicable only in civil proceedings but not in crimincal p roceedings:
as per ingrediants of Resjudicate:- there must be same cause of action, same parties and same property, and subject matter must be already once decided by the concerned court. If these conditions are existed then resjudicate will be operated,if otherwise not applicble in civil cases:
And in case of criminal proceedings, according to theories of punishment, one person shall not be punished twise for the same offence- this is much different from resjudicate.

adv. rajeev ( rajoo ) (Expert) 28 November 2009
not to criminal proceedings. I have explained res judicta to your another question

joyce (Expert) 28 November 2009
Not applicable to ciminal cases. Resjudicate is only applicable to the civil cases under civil code itself.

Adinath@Avinash Patil (Expert) 28 November 2009
RES-JUDICATA IS APPLICABLE IN CIVIL MATTER.IN CRIMINAL MATTERS RULE OF DOUBLE JEOPARDE APPLICABLE.

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