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1 - 6 of 6 (0.24 seconds)Gulabchand Chhotalal Parikh vs State Of Bombay (Now Gujarat) on 14 December, 1964
If the order of the High Court in appeal from the order in
the writ petition operated constructively as res judicata,
it might have been necessary to consider the question which
was left open by the Court in Gulabchand's case(1). But in
our view the judgment in the previous case operates by
express decision as res judicata. It is true that in order
that the previous adjudication between the parties may
operate as res judicata, the question must have been heard
and decided or that the parties must have an opportuntiy of
raising their contentions therein. In the present case,
Gurdev Singh, J., dealt with the question in some detail and
held that Mr Kane had no authority to terminate the
employment of Nanak Singh. The High Court in appeal thought
that the appeal could be disposed of only on the first
ground, and they recorded no express finding on the second
ground. But once the
(1) A. 1. R. 1965 S. C. 1153.
Article 32 in Constitution of India [Constitution]
Article 136 in Constitution of India [Constitution]
Article 311 in Constitution of India [Constitution]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
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