WebOct 1, 2024 · In dealing with the question of constructive res judicata, this Court observed that constructive res judicata was an artificial form of res judicata enacted by s. 11 of the CPC and it should not be generally applied to writ petitions filed under Art. 32 or Art 226. WebOct 5, 2024 · The decision, that the doctrine of res judicata applies where the previous proceeding is a writ petition under Article 32 or Article 226 of the Constitution of India, …
Principles of constructive res judicata is also applicable in writ ...
WebMar 17, 2024 · The court held that the rule of res judicata applies to a petition under Article 32 of the Constitution as ... The writ petitions before us are not inter-party disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless ... WebAug 2, 2024 · State of Uttar Pradesh, the doctrine of Res Judicata of the universal petition was established. The Apex Court of India i.e.; the Supreme court placed the doctrine of Res Judicata on a broader foundation. In this lawsuit, petitioners filed a writ petition in the High Court of Allahabad under Article 226 of the Constitution. galaxus bildschirm computer
RES JUDICATA AND WRIT PETITIONS – INBA Viewpoint
WebApr 14, 2024 · The principle of Res Judicata is applied by the judges or defendant in common law country. It is of a wider concept in common law countries than the civil law ... Daryo Singh V. State of Uttar Pradesh, it was stated that if an appeal is made for a writ petition of Habeas Corpus under Article.32 and 226 of the Indian constitution is ... WebOct 13, 2024 · The general principle of res judicata applies even to writ petitions filed under Article 32 or Article 226 of the Indian Constitution. The only exception is the Habeas corpus. If a petition is barred in the former suit, the subsequent petition is also barred. The question is whether constructive res judicata has an application in the writ petition. WebJun 21, 2004 · But, when a writ petition is withdrawn by the petitioner conceding the futility of the case as a ground for withdrawal and court allows it on the plea, a second petition will be barred by 'res ... blackberries safe during pregnancy