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same as the plea of
double jeopardy or autre fois acquit is also clear from the
statement ... statutory form the
accepted English rule of autre fois acquit. This section
runs:
"403 (1) A person who has been
Supreme Court of India
enacts the 'rule of autre fois
acquit and autre fois convict applicable to criminal
trials. The rule is that ... Criminal Procedure : and extend the rule of autre fois
acquit incorporated in s. 403 of the Code of Criminal
Procedure
Supreme Court of India
circumstances of the case
the plea of autre fois acquit was open to the appellant, and that
question in essence ... valid. Under the common
law a plea of autre fois acquit or autre fois convict can only be
raised where
Bombay High Court
prosecution on
the ground that the principle of autre fois acquit enjoined in Section
403 Code of Criminal Procedure ... does not contain the principle of 'autre fois
acquit' at all. The Supreme Court held in Vankataraman v. Union
Allahabad High Court
Law Commission Report Review Of The Indian Evidence Act, 1872 (Part Iiia)
ON
REVIEW OF
Law Commission Report
different
from the principle of double jeopardy or autre fois acquit
as embodied in S. 403 of the Criminal Procedure ... criminal proceedings are expressed in
the pleas of autre fois acquit and autre fois
convict. They are pleas which
Supreme Court of India
same date was barred under the principle of autre fois acquit.
The learned Magistrate came to the conclusion that Section ... complaint by Shri Srivastava the applicants could plead autre fois
acquit inasmuch as a charge had been framed against them
Allahabad High Court
dispel the notions of the principles of autre fois
acquit and the seductive cliche of arguments based upon double jeopardy ... behalf of the
petitioner. The principle of autre fois acquit under Section 403,
Criminal P. C. has, in my view
Calcutta High Court
Court in that context
considered the principles of autre fois acquit and issue estoppel rule
and when the same ... Customs a 'Court'. Therefore, the rule of autre
fois acquit cannot be invoked. Neither the issue estopped rule is
attracted
Bombay High Court
tried again because the bar of autre fois
acquit is not confined to cases failing under Sections ... different offence the bar of autre fois acquit or autre fois convict
should be applied. The facts of the Bombay
Bombay High Court
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