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...petition on the same subject challenging the agreement.In our opinion, the petition of the petitioner is barred on the principle of constructive resjudicata. Hence, we do not find any merit ...Heard.The petitioner has filed this petition for the following reliefs:“(a) To pass an order by issuing a writ of certiorari or any suitable writ, order or...direction or any other appropriate writ declaring clause 10(f) of reciprocal agreement dated 1.3.2007 (Annex.P/1) and also supplementary agreement dated 18.6.2010 (Annex.P...
...aforesaid order and the
petitioner could have made all this prayer in that writ petition
itself. The second writ petition, therefore, would be barred on the
principle of constructive resjudicata.
5...
Neutral Citation No. - 2023:AHC:222280
Court No. - 34
Case :- WRIT - A No. - 19489 of 2023
Petitioner :- Chhatrapal Gupta
Respondent :- State Of U.P. And...2 Others
Counsel for Petitioner :- Anurag Agrahari,Mahima Sahai
Counsel for Respondent :- C.S.C
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of...
...OA, same reliefs have been sought for, hence this OA is barred by principle of constructive resjudicata.
4. As observed vide order dated 03.10.2017, the applicant amended the OA...
ALLAHABAD
ALLAHABAD this the 31st day of July, 2018.
HON'BLE MR. GOKUL CHANDRA PATI, MEMBER (A...R S U S
Union of India and others. ……………..Respondents Advocate for the applicant : The applicant in person (absent) Advocate for the Respondents: Shri N.P. Singh...
...regard having been prayed for by the petitioner.
In these circumstances, in the considered view of the Court, this petition is not maintainable as it is hit by the principle of constructive ...Ajay Mohan Goel, J. (Oral):— On the last date of hearing, following order was passed:—
“By way of this writ petition, petitioner has prayed for the following relief...:—
“1. That a direction may be issued to the respondents especially respondents No. 4 and 5 to reengage the services of petitioner as Drawing Master in Government Middle School Indoli, on PTA...
...).
3
5. Learned counsel for the respondents submits that the present OA is hit by principle of "constructive resjudicata" as...principle of "constructive resjudicata" that while the applicant had made the prayer for pension and other attendant benefits in the earlier OA.1320/2015, but the Tribunal did not grant any consequential...present OA.
9. In view of the fact that the present OA is hit by the principle of
"constructive resjudicata", the OA is not...
...may be barred by the principle of constructive resjudicata. However, the petitioner has drawn our attention to the orders passed in Civil Writ Petition No. 18702 of 2012 on 18.12.2012 In that case, the...A.K SIKRI C.J (Oral)Notice of motion.Mr. B.S Rana, Addl. Advocate General, Haryana accepts notice on behalf of the respondents.Learned counsel...Superintendent of Police (Jail), the eligibility conditions including qualifications are stipulated in Rule 9 of the Punjab Prison Services (Class-II) Rules, 1963 which means the...
...Judge has dismissed the writ petitions on the grounds of suppression of material facts, on the principle of constructive resjudicata, etc.It may be noted that it is not in dispute t...COMMON ORAL ORDER(Per : HONOURABLE MS. JUSTICE R.M DOSHIT)Heard the learned advocates.The subject matter of dispute in this group of Appeals...are the plots of land in Surat Special Economic Zone allotted to the respective appellant. The respondent no. 1 Diamond and Gem Development Corporation, the developer has, under the instructions of the...
...ground that it is a nullity being hit by the principle of resjudicata alongwith other objections on merits.
5. The Executing Court, however, found that such plea having not been taken in the suit by way ...of law must have been laid in the pleadings and in the issues. Consequently, a party cannot be allowed to raise the plea of resjudicata for the first time in execution proceedings with regard to its maintainability on the b...principle of resjudicata, has been declined and the objections over-ruled.
2. Facts relevant for the disposal of this revision taken from record, in brief, may be noticed...
...as it was barred by the principles of
resjudicata/constructive resjudicata. The principle of resjudicata is based
on sound public policy namely that there must be an end to a litigation...(Judgment of the Court was delivered by
THE HON'BLE CHIEF JUSTICE)
This writ appeal has been filed against the impugned judgment
of the learned single Judge dated 7.3.2002. We have...the service of
the Electricity Board at Cheyyar and he was transferred to Pallikonda
construction work, where he continued to work till 1973. Since he was not
made permanent he continued to work as...
...in AIR 2001 Supreme Court 36 [Tarun Prasad Chatterjee(supra)].
Needless to mention, principle of constructive resjudicata or...petitioner has filed election petition being E.P. no.2 of 2015, which was withdrawn with liberty to file fresh election petition and filing of this election petition would create constructive resjudicata and...because it was not filed by the petitioner himself. Since it was not decided on merit, question of resjudicata or constructive resjudicata does not arise. So far as limitation point raised by learned...
...agitated and same is not permissible in view of principle of constructive resjudicata. Ratio of cited case lays when an issue has already been decided by the Consumer Forum and appeal against same...shown to be preferred, then in view of principle of constructive resjudicata, complainant will be debarred from re-agitating the matter before Forum again. After dismissal of complaint No.271 ..., Chandigarh and as such, in view of the applicability of principle of constructive resjudicata, complainant is debarred from re-agitating the same matter regarding entitlement of EMI or ...
...Chatterjee(supra)]. Needless to mention, principle of constructive resjudicata or question of resjudicata shall not apply in this election petition because the matter has not been decided on merit...filing of this election petition would create constructive resjudicata and, therefore, this election petition is liable to be dismissed on that ground too. Learned counsel has further...withdrawn with liberty to file fresh election petition because it was not filed by the petitioner himself. Since it was not decided on merit, question of resjudicata or constructive resjudicata does not...
...appeal filed by Rulli Chand i.e. Appeal No. 13422 of 2017 then the principle of constructive resjudicata would apply.
3. Learned counsel for the petitioner, in view of the abov...
110
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH...
CWP-5938-2023 Date of decision : 18.04.2023 Prem Kumar
...Petitioner
Versus
State of Haryana and others ...Respondents...
...30.12.1983 because of principle of constructive resjudicata. Once the writ petition has already been disposed of, we cannot alter it. Petitioner may approach the Hon'ble Apex Court against the dec...pension with effect from 11.12.1979, the date of her husband's death and to amend the pension payment order dated 08.05.2009 to read as ‘the normal rate of family pension is payable with effect from...11.12.1979’ instead of ‘the normal rate of family pension is payable with effect from 03.10.2006.’ It is also prayed that respondents be directed to release the arrears of the ordinary family pension to the...
...:-“(i) the suit is prima facie barred by limitation.(ii) the suit is also barred by the principle of constructive resjudicata.”Learned lower Appellate Court vide its...knowledge of order dated 31.10.2003 Thus, the present suit is also hit by principles of constructive resjudicata and the findings returned by the courts below to that effect are also affirmed...declaration is three years.Furthermore, this Court is in concurrence with the findings returned by the courts below regarding the suit being barred by principles of resjudicata is...
...relief separately. The principle of constructive resjudicata comes into play.
4
9. Further, the induction into KAS is not automatic...
T.A. No.5084/2021
(S.W.P. No.2012/2010) Friday, this the 28th day of May, 2021 (Through Video Conferencing)
Hon'ble Mr. Justice L. Narasimha Reddy...
… Applicant
(Mr. Razad Sudan, Advocate vice Mr. Anil Sethi, Advocate) Versus
State of Jammu & Kashmir through
… Respondents...
...relief separately. The principle of constructive resjudicata comes into play.
4
9. Further, the induction into KAS is not automatic...
T.A. No.5084/2021
(S.W.P. No.2012/2010) Friday, this the 28th day of May, 2021 (Through Video Conferencing)
Hon'ble Mr. Justice L. Narasimha Reddy...
… Applicant
(Mr. Razad Sudan, Advocate vice Mr. Anil Sethi, Advocate) Versus
State of Jammu & Kashmir through
… Respondents...
...Sami ???ie, (1997 [1] SLR 270) the learned counsel contended that the second writ petition was not maintainable as the principle of constructive .... Hence the principle of constructive resjudicata would not apply in this case. The learned counsel for the fourth respondent further submitted that the fourth respondent was admitted to the course on 01-10...public and the authority issuing it is bound by such representation. In our view, the above principle is applicable in the case of change of eligibility criteria for admission to educational courses...
..., (iii) thereupon with, the, absolutest congruity, hence emerging interse the earlier lis, and, vis-a-vis, the extant lis, (iv) thereupon, the, principle of constructive resjudicata, rather becoming..., becomes barred, by, attraction hereat, of, the stopping principle, of, constructive resjudicata. 3. Be that as it may, the learned counsel, for, the aggrieved defendant, has also cast..., wherethrough the plaintiffs' suit, for, rendition of a decree, of, mandatory injunction, vis-a-vis, the suit khasra Nos, and, against him, rather became decreed. When the appeal came for hearing, this Court...
...but both are residential. It was for the appellant to raise this issue if at all in that SLP, if they have not raised then cannot be raised now as it would be covered by the principle of constructive resjudicata. H...order of eviction. The respondent-landlord filed a petition for eviction against the appellant under Section 14(1 )(e) of the Delhi Rent Control Act on the ground of her...bona fide requirement.
(4) The case of the respondent is that her husband retired on 31st March, 1979 and was not gainfully employed on the date of eviction petition which was filed on...