6 Principle of Res Judicata and Double Jeopardy

1. Res judicata (the civil side): the matter adjudged — no re-litigation of the same cause between the same parties: the requirement (a final judgment; the same parties; the same cause-of-action — the eadem res); the Nepali codification (the Civil Procedure Code's res judicata provisions; the courts' purasko mudda doctrine — the same-issue-already-decided); the constructive-res-judicata family (the matters-which-could-and-should-have-been-pleaded); the Explanation-era extensions (the representative suits; the maternity-of the judgments in rem vs. in personam); 2. Double jeopardy (the criminal side): the constitutional text — Article 20(6): "No person shall be prosecuted or punished for the same offence in a court of law more than once" (verified verbatim family); the requirements (a prosecution; the same offence; the completed-or-terminated jeopardy — the acquittal's bar and the conviction's bar; the appeal's non-jeopardy); the autrefois acquit/convict pleas; the fresh-and-distinct-offence exception (the facts-emerging-later: the Santosh Kumar Yadav-era double-jeopardy questions, Criminal Law-I's companion, Semester 3); the comparative (the ICCPR's Article 14(7) — the international face); 3. The two principles' kinship-and-difference: the finality principle shared (the public policy: the litigation's end; the repose); the criminal rule's constitutional-and-absolute character vs. the civil rule's statutory-and-exceptional.