Table of Contents
What is sub judice in India?
Sub-judice is a Latin expression, which means ‘under a Judge,’ that a particular matter is pending before the court and that it is being considered by the judiciary.
What is the rule of sub judice?
The subjudice rule has found a place in the rules of the Houses of Parliament and also the state legislatures. This rule prohibits the admission of motions, resolutions and questions for discussion in the House on the ground that the matter is before the court.
What is the difference between res judicata and res sub judice?
Res judicata applies to a decided or adjudicated matter. Res Sub judice applies in a matter which is pending. It bars the trial of a suit or an issue which has already been decided in a former suit. It bars trial of a suit which is a pending decision in a previously instituted suit.
What is RES Subjudice What are the essential of it?
Doctrine of Res subjudice is an important doctrine provided under section 10 of the Code of Civil Procedure (the code), which deals with stay of civil suits, it provides 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 previous …
What is stay of suit in CPC?
Explanation- The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from trying a suit founded on the same cause of action. …
Are there limitations on media trial when case matter is sub judice?
Media has the right to discuss and comment on the case judgments but they have no right or freedom to start a trial on sub-judice matters. The right of the accused to have a fair trial is always more important than the freedom of media before starting the trial of the pending case.
What is subjudice and judicata?
Two of these principles are discussed in this article, namely, the Doctrine of Res Sub Judice and Res Judicata. In Latin, Res Judicata means a matter that has been judged. On the other hand, Sub Judice means ‘under judgment’. It implies that a matter is being considered by court or judge.
Is res judicata applicable in criminal proceedings in India?
Res Judicata as a concept is applicable both in case of Civil as well as Criminal legal system. This is to prevent injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources and time of the Judicial System.
Does res judicata apply to writs?
Principles Of Res Judicata Are Applicable To Writ Petitions, Reiterates SC [Read Judgment] “Albeit the decision of the Constitution Bench was in the context of a Writ Petition filed under Article 32, it would apply with greater force to bar a Writ Petition filed under Article 226.”
Does res judicata apply to appeals?
The doctrine of Res Judicata is not applied in appeals. Rule of Res Judicata restricts the process of delivering justice. Sometimes Res Judicata is applied to the Judgments which is contrary to law.
How decree is executed?
By execution, a judgment-debtor is compelled to carry out the mandate of the decree or order. Execution implies giving effect to an order or judgment of a court of justice. When the decree-holder gets the thing granted to him by judgment, decree or order, the execution is complete.