Mr. Raghuwanshi 27 February 2018

Is Anyone Brilliant Here? Give the answer

A judgement has declared by civil court. In same facts-in-issue in criminal court this is relevant or not? give ans. in detail? Can civil court judgements be binding on criminal courts ? give the ans with case law...

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7 Replies

sparrow (Apprentice) 27 February 2018

of course they are relevant but if u are looking for res judicata effect than judgement relevant would be in these jurisdictions: probate, matrimonial, admirality, insolvency

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Mr. Raghuwanshi 27 February 2018

In which case law it has declared?

Mr. Raghuwanshi 27 February 2018

plz case case name?

Mr. Raghuwanshi 27 February 2018

Right Ramesh singh ji

TGK REDDI 28 February 2018

Judgment about only rights of property by any civil court binds a magistrate.

TGK REDDI 28 February 2018

Shri Raghuvanshi

Please don't challenge the Members.

(Guest)

Judgement given by a civil court is not necessarily binding on a criminal court & vice versa (Arvind Kejriwal & Anr. vs. Arun Jaitley & Ors; Crl. MC 2417/2016). Only when it is similar in facts will the rule of res judicata apply.The Evidence Act is very clear in this regard.

It is suggested that you please refer to Section 40 to 43 of the Act supra to clarify your doubt, rather than challenging the Ld. Counsels' legal acumen