Greek and Latin
You will find the following maxims in the Supreme Court judgement we are carrying today.
1. Nemo debet bis vexari pro una et eadem causa
2. Interest republicae sit finis litium
3. Res judicata pro veritate occipitur
What do they mean?
1. Nemo debet bis vexari pro una et eadem causa : No one ought to be twice troubled or harassed [if it appear to the court that it is] for one and the same cause. No one can be sued a second time for the same cause of action, if once judgment has been rendered. No one can be held to bail a second time at the suit of the same plaintiff for the same cause of action. It is a significant basic rule of Criminal Law that no man shall be put in jeopardy twice for one and the same offence. The manifestation of this rule is to be found contained in Section 26 of the General Clauses Act, 1897, Section 300 of the Code of Criminal Procedure, 1973 and Section 71 of the Indian Penal Code. Section 26 of the General Clauses Act provides "Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
2. Interest republicae sit finis litium : the Republic's interest require that litigation must have an end; it is for the general welfare that a period be put to litigation.
3. Res judicata pro veritate occipitur : judicial decision must be accepted as correct.
Applying all the above principles, it had been observed, “The doctrine of res judicata is based on
1. nemo debet bis vexari pro una et eadem causa,
2. interest republicae sit finis litium and
3. res judicata pro veritate occipitur.
These doctrines are based on public policy that no man should be vexed twice for the same cause (first maxim); that it is in the interest of the State that there should be an end to the litigation (second maxim); and the judicial decision must be accepted as correct (third maxim).
The doctrine applies to all judicial proceedings whether civil or criminal. In the field of public law, it is well settled that the doctrine applies to the proceedings under Article 32 or Article 226 of the Constitution.