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Jeevan antulay (Student)     19 October 2024

Related to res sub judice

Can i file an application under section 10 invoking dictrine of res sub judice against the 2 complaints filed under section 138 Negotiable instruments act in 2 different courts?? 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

The doctrine of res judicata applies to criminal complaints. The doctrine of res judicata is a legal principle that prevents a person from being tried twice for the same reason. It applies to both civil and criminal cases.

In simpler words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Hence, the court will dismiss the case as it has been decided by another court. Res judicata applies to both civil and criminal legal systems

Subject to;

  • The parties and cause of action or indictment are the same 
     
  • The matter is directly and substantially in issue in the previous suit 
     
  • The court's decision was given on the merits of the case.

Jeevan antulay (Student)     19 October 2024

Then res subjudice won't apply to criminal cases ???? 

T. Kalaiselvan, Advocate (Advocate)     19 October 2024

You can interpret the explanation given here as per your understanding.

Henceforth when you post some questions, better give proper details so that we can help you understand the law properly 


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