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Tilokchand Motichand & Ors vs H.B. Munshi & Anr on 22 November, 1968 cites

Daryao And Others vs The State Of U. P. And Others(And ... on 27 March, 1961

I agree with the decision of Mitter J. that to the facts of this case the rule laid down by this Court in Daryao and Ors. v. The State of U.P. and Ors.(1) is inapplicable. The principle underlying that decision as I understand, is that the right claimed by the petitioner therein had been negatived by a competent court and that decision having become final, as it was not appealed against, he could not agitate the same over again. It is in that context the principle of res judicata was relied on. A fundamental right can be sought to be enforced by a person who possesses that right. If a competent court holds that he has no such right, that decision is binding on him. The binding character of judgments of courts of competent jurisdiction is in essence a part of the rule of law on which administration of justice depends.
Supreme Court of India Cites 21 - Cited by 473 - P B Gajendragadkar - Full Document
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