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Sub judice

Term
CPC
Literal meaningUnder judgment (before the court)
Pronunciationsub YOO-dih-say

A matter that is under consideration by a court. People are expected not to comment on it in a way that may affect the decision.

Example

A criminal trial is going on. A newspaper publishes a story calling the accused guilty. That may interfere with the trial.

Case laws
  • Sahara India Real Estate Corp. v. SEBI (2012), Supreme Court: courts may postpone the publication of reports on a pending case where there is a real risk to a fair trial.
Statutory link
  • Contempt of Courts Act, 1971 deals with interference with the course of justice.
  • Section 10 of the Code of Civil Procedure, 1908: a court must stay a later suit if the same matter is directly and substantially in issue in an earlier suit between the same parties.
Exam tip

Asked with Section 10 CPC (stay of suit) and contempt.

Memory trick

Sub = under; the judge is still thinking.

Key takeaway

A pending matter must not be prejudiced by comment or by a second suit.

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