prosecution of the applicants is barred by the principle of "double Jeopardy".
6.6 Apart from the aforesaid legal submissions, it is also submitted ... putting the personal liberty and/or the property of the citizen in jeopardy by illegal and improper use of the power or there is abuse
earlier order of the Court, apart from
the principles of Double Jeopardy or the Issue Estoppel.
The only allegation made against this petitioner is that ... petitioner may take advantage of the principle of double jeopardy
contained under Article 20(2) of the Constitution of India.
However, the same principle
earlier order of the Court, apart from
the principles of Double Jeopardy or the Issue Estoppel.
The only allegation made against this petitioner is that ... petitioner may take advantage of the principle of double jeopardy
contained under Article 20(2) of the Constitution of India.
However, the same principle
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above, would lead to double jeopardy which is unfair, unjust and
impermissible.
13. The petitioner in the second ... offence under Section 42(3) would be in the nature of double jeopardy
prohibited by Article 20(2) of the Constitution of India
were distinct
there is no question of the rule as to
double-jeopardy as embodied in Art. 20(2) of
the Constitution, being applicable ... distinct, there is no question of the rule as
to double jeopardy being applicable. This
Court has observed thus: (SCC pp. 293 & 295,
paras
with reference to the rule against double jeopardy enshrined under Article 20(2) of the Constitution of India and section 300 of the Code ... ingredients of the two offences are distinct.
9. The rule against double jeopardy is stated in the maxim nemo debet bis vexari
claim for promotion to the
subsequent DPCs amounted to a double jeopardy besides being violative of
Articles 14 and 16 of the Constitution ... praesenti".
29. Repelling that the denial of promotion amounted to double
jeopardy it held that when an employee is held guilty and penalised
facts would amount
http://www.judis.nic.in
4
to double jeopardy and the same would hit be Section 300 of Cr.P.C., Article ... issue raised is regarding the scope and
application of Doctrine of Double Jeopardy. The Rules against the double
Jeopardy provides foundation for the pleas
prosecution of the applicant is barred by the principle of "double Jeopardy".
Apart from the aforesaid legal submissions, it is also submitted that ... State of Bombay AIR 1953 SC 325.
The doctrine of double jeopardy has been gathered from the Article 20 (2) of the Constitution of india
CrPC is mainly
based on the doctrine of double jeopardy. The rule against double
jeopardy provides foundation for the pleas of autrefois acquit and
autrefois ... acquit
depends is that a man may not be put twice in jeopardy
for the same offence. This principle has now been
incorporated
