Section 348 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 348 of the Bharatiya Sakshya Adhiniyam, 2023 pertains to the relevance of previous judgments in determining whether a court can take cognizance of a suit or hold a trial.
📜 Text of Section 348:
"The existence of any judgment, order, or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial."
🔍 Detailed Explanation:
Section 348 addresses situations where a previous judgment, order, or decree exists that legally prohibits a court from initiating or continuing a particular legal proceeding. In such cases, the mere existence of such a judgment or order becomes a relevant fact for the current court to consider.
🔑 Key Points:
Relevance of Previous Judgments: If a prior judgment or order legally bars a court from taking cognizance of a suit or holding a trial, that fact is pertinent in the present case.
Application in Legal Proceedings: This provision is applicable when a party contends that a court should not proceed with a matter due to an existing legal bar, such as res judicata (a matter already judged) or a statutory prohibition.
Purpose: To ensure that courts do not entertain matters that are legally barred, thereby upholding the principles of judicial economy and preventing conflicting decisions.
In essence, Section 348 emphasizes the importance of recognizing and adhering to legal bars established by previous judgments, orders, or decrees, ensuring that courts do not overstep their jurisdiction or entertain matters that are legally prohibited.
For a comprehensive understanding, you can refer to the full text of the Bharatiya Sakshya Adhiniyam, 2023
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