Multiplicity of Suits Discouraged Under the CPC
What does the term "res sub judice" mean?
"Res sub judice" is a principle which is used to put a stay on a matter and is aimed at avoiding multiplicity of suits. It is covered under Section 10 of the Code of Civil Procedure (CPC) which states that: "No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court."
The essential elements of the principle are that the issues or the cause of action should not be the same, the parties should not be the same and there should not be a previously instituted suit in a court competent to pass an order.
No Person Can be Tried Twice for the Same Offence
What is double jeopardy?
Double jeopardy is a legal term which means that a person cannot be prosecuted and punished for the same offence more than once. This is a fundamental right guaranteed under Article 20(2) of the Constitution.
A Substantive Offence in Itself
What is criminal conspiracy?
Bu hikaye India Legal dergisinin February 13, 2023 sayısından alınmıştır.
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Bu hikaye India Legal dergisinin February 13, 2023 sayısından alınmıştır.
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