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Showing posts from July 7, 2023

HSC English First Paper English For Today - Unit 7 Lesson 1 Brojen Das

What is Res Sub Judice & What is Res judicata?

What is Res Sub Judice & What is Res judicata? Section 10. Stay of suit: "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 Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." Explanation: The awaiting settlement of a suit in a foreign Court does not prevent the court in Bangladesh from trying a suit founded on the same cause of action. What is Res Sub Judice? Sub Judice is a Latin term which has the meaning of "Under Judgement". It indicates that a matter or case is being considered by Court or Judge. Explanation of Res Sub Judic...

Jurisdiction of Civil Courts

Jurisdiction of Civil Courts Code of Civil Procedure, Section 9 provides, "The Courts shall (subject to the provisions here in contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred." "Explanation: A suits in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies." What is Jurisdiction? When a suit is filed in a particular court, it must be determined whether that Court has authority to hear the case. Usually, this authority is granted by statute, constitution, or any other special laws. A court may only adjudicate cases if it has authorization to do so. "The term "Court jurisdiction" refers to the power of a court to oversee a certain case and to issue any rulings or orders associated with the case." In oth...