Subjudice in latin means ‘under judgment’. It denotes that a matter or case is being considered by court or judge. when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding. However the doctrine of res-subjudice means stay of suit. Does Res Judicata Apply to ...
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The doctrine of res sub judice aims to prevent courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel litigations with respect to the same cause of action, same subject matter and same relief claimed. Application of Res Sub Judice in India Res Sub-Judice: Res Judicata: It bars trial of a suit which is pending decision in a previously instituted suit. It bars the trial of a suit or an issue which has been decided in a former suit. It applies to a matter pending trial. It applies to a matter adjudicated upon.
That is why this rule is called constructive res judicata, which, in reality, is an aspect or amplification of the general principle of res judicata. State of U.P. V. Nawab Hussain , AIR 1977 SC 1680 A, a sub-inspector of police was dismissed from service by D.I.G. Define sub judice. sub judice synonyms, sub judice pronunciation, sub judice translation, English dictionary definition of sub judice. adv. Brought before a court for ... Section 10 is mandatory and no discretion is left with the Court, but to stay the suit based on the doctrine of Res-Subjudice. Section 10 is an exemption to a suit pending in a foreign Court. A Civil Court can stay a suit by virtue of inherent powers vested in it under Section 151, C.P.C., even without application of Sec. 10 of C.P.C. Mar 14, 2018 · Res subjudice means stay of suit, Section 10 of CPC indicates when two or more cases are filed between the same parties on the same subject matter, the competent court has power to stay proceeding.