Suppose someone has filed a case in court. Can he file a case in some other forum (say consumer court or some other legal/ qausi-legal forum) for the same case while the case is sub judice.
What are the relevant rules about this ?
Atul Chandra (Sr Management) 29 August 2009
Suppose someone has filed a case in court. Can he file a case in some other forum (say consumer court or some other legal/ qausi-legal forum) for the same case while the case is sub judice.
What are the relevant rules about this ?
A V Vishal (Advocate) 29 August 2009
No two cases at different fora for the same facts of case and similar relief can be filed and particulary when the matter is sub judice
Atul Chandra (Sr Management) 30 August 2009
Rajan Salvi (Lawyer) 09 September 2009
5. InJai Singh v. Union of India it has been laid down by the Supreme Court that a litigant can not pursue two remedies simultaneously. However the Apex Court in JT 2004 Supplement (2) SCC 601, S.J.S Business Enterprises (P) Limited v. State of Bihar in paragraph 14 has provided that where a litigant is pursuing two remedies simultaneously, the court should give him an opportunity to opt and to choose one of the remedies before throwing out his writ petition on the ground of alternative remedy which is being persuaded by him.
Atul Chandra (Sr Management) 09 September 2009
Atul Chandra (Sr Management) 10 September 2009
Rajan Salvi (Lawyer) 11 September 2009
Definitely. The case in court against errant driver is under 279 IPC for rash and negligent driving where he may be punished by either imprisonment or fine. The injured person can file case against doctor for deficieny in service under consumer act or civil law as suit for compensation.
Gagan Gupta (Advocate) 24 April 2010
Both are separate matters and can be persued simultaniously.
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