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1 - 10 of 11 (0.20 seconds)Article 226 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Section 1 in The Code of Civil Procedure, 1908 [Entire Act]
Daryao And Others vs The State Of U. P. And Others(And ... on 27 March, 1961
In Daryao and others v. The State of U.P. and
others(1) Gajendragadkar J., delivering the judgment of this
Court elaborately discussed the rule of res judicata and
ultimately held that where the High Court dismisses a writ
petition after hearing the matter on the merits on the
ground that no fundamental right was proved or contravened a
subsequent petition to the Supreme Court under Article 32 on
the same facts and for the same reliefs filed by the same
party would be barred by the general principles of res
judicata. At page 591 says the learned Judge :-
Haridas Malakar And Ors. vs Jay Engineering Works on 1 October, 1974
The appellants placed reliance
upon the decision of the Calcutta High Court in Haridas
Malakar and others v. Jay Engineering Works (4) wherein
following the decision of the Madras High Court in the case
of Western India Match Co. the learned Judge has said at
page 29 that he respectfully agreed with the view of the,
learn-
P. D. Sharma vs State Bank Of India on 7 February, 1968
This decision was followed in P. D. Sharma v. State Bank of
India(1), wherein it was held that the summary dismissal of
a writ petition under Article 226 challenging the order of
the Labour Court was no bar to the entertainment of an
appeal under Article 136 from the same order of the Labour
Court. Hegde J has stated at page 94 thus :-
State Of Uttar Pradesh vs Nawab Hussain on 4 April, 1977
In a
recent decision of this Court in State of Uttar Pradesh v.
Nawab Hussain(2) Shinghal J., delivering the judgment on
behalf of the Court applied the principles of constructive
res judicata and held that a suit to challenge the order of
dismissal from service after dismissal of the writ petition
on merits was not maintainable although a new ground of
attack was made out in the suit which had not been taken in
the writ petition. This was so on the application of the
principle of constructive res judicata. It will be useful
to quote a passage from page 431 which runs as follows :-
Management Of Western India Match ... vs Industrial Tribunal And Anr. on 12 March, 1958
In The Management of
Western India Match Co. Ltd., Madras v. The Industrial
Tribunal, Madras and another(1) it was pointed out, at page
403 but in our opinion, in some what too broad a term that
:-