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Brahmdeo Ojha, Kashi Nath Sen, Girija ... vs Union Of India (Uoi) And Ors. on 12 September, 2003
cites
Chief Security Officer & Ors. vs Singasan Rabi Das on 9 January, 1991
Counsel for the petitioner submitted that this case is covered by the decision of the Supreme Court in Chief Security Officer v. Singasan Rabi Das, AIR 1991 SC 1043. In that case, the enquiry was dispensed with on the ground :
Municipal Corporation Of Delhi vs Gurnam Kaur on 12 September, 1988
In the case of Birendra Prasad Yadav, the action of revisional authority was not in accordance with Rule 60. The Revisional Authority had a limited role to play. It was required to decide only the 'quantum of punishment', as referred to above. Therefore, the petitioner cannot rely on the decision of the Patna High Court in the case of Birendra Prasad Yadav, nor can claim relief, having no binding precedent.
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Article 32 in Constitution of India [Constitution]
Article 311 in Constitution of India [Constitution]
Union Of India vs Nanak Singh on 31 January, 1968
The question whether the decision in a writ petition operates as res judicata in a subsequent suit filed on the same cause of action has been settled by the Supreme Court in Union of India v. Nanak Singh, AIR 1968 SC 1317. The Supreme Court held that the decision in between the parties in the writ petition operates as res judicata in subsequent suit on same matter.
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