.... However, it is also settled that the principle of constructive res judicata does not apply in such criminal writ petitions of habeas corpus. (See...the detention order was dismissed in limine, the second writ petition being an abuse of process of court is not maintainable and it should be also held to be barred by the principle of res judicata...up before the competent authority with due despatch. So, it cannot be held that the present writ petition is barred on account of any principle of abuse of the process of court or res judicata. It is...

...petitions for habeas corpus are concerned, the doctrine of constructive res judicata could not apply. In this connection Subba Rao, C.J observed as follows:“If the doctrine of ...principles of res judicata could not apply to successive writ petitions in this Court much less could they be attracted in cases where points were not agitated before the High Court but were raise...Court he could not be permitted to agitate those very points in the writ petition filed under Article 32 of the Constitution as the same were barred by the principles of constructive res judicata. In...

...constructive res judicata would apply. He filed the writ petition in first instance but withdrew the same without permission of the Court with liberty to file the second writ petition which was dismissed. ...withdrawn, the second writ petition cannot be dismissed on the principle of constructive res judicata. The view of the High Court, therefore, was vitiated by serious errors of law. The learned counsel for...by violation of the principles of natural justice.13. The High Court also was right in its conclusion that the second writ petition is not maintainable as the principle of...

...second application is barred by the principles of res judicata. 4. Insofar as the petitioner intends to file a fresh reference application, he can do so. It is for the second respondent to decide whether t..., THRISSUR, PIN - 680585 OTHER PRESENT: GP AMMINIKUTTY K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON...appeal to be long over. Hence, this writ petition. 2. Learned Counsel for the petitioner submitted that, insofar as the initial reference and the appeal are decided without entering...

...submitted that the Chit Fund Act does not provide for repeated requests for reference and even otherwise, the second application is barred by the principles of res judicata. 4. In...., THICHUR VILLAGE, THRISSUR, PIN - 680585 OTHER PRESENT: GP P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR...appeal was also dismissed, finding the time limit for filing the appeal to be long over. Hence, this writ petition. 2. Learned Counsel for the petitioner submitted that...

...petitioner before and that the counsel he has engaged now was not available to him previously. Although 3. 11, Civil Procedure Code (Res Judicata) does not apply in terms to cases of writ, but the...facts. The only new addition in the present petition is that he now challenges the vires of Ordinance No. 56 of 1949 and this he did not do in the previous writ petition. 2. Without...former writ petition-The plea, that has been taken with regard to this point in para 6 of the writ petition, is that the grounds that were urged in the dismissed petition were not known to the...

.... 4This Court also finds sufficient substance in the argument advanced by Mr. Banerjee, that res judicata read with the principles analogous thereto apply to the present petition. According...and 20th April, 2018. Therefore, Mr. Banerjee points out and, to the mind of this Court correctly so, that res judicata and, principles analogous thereto, shall squarely...apply to the present petition. Having heard the parties and considering the materials placed this Court accepts the submission of the Commission that the facts and circumstances...

...writ of habeas corpus is barred by principles of res judicata. The doctrine of res judicata may not apply in case a writ petition under Article 32 of the Constitution is filed be...for habeas corpus is not maintainable and is barred by the principles of res judicata. The CBI submitted that investigation of the said alleged abduction be not tagged with that of the involvement of...Leave Petition at the threshold without detailed reasons, therefore, does not constitute any declaration of law or a binding precedent.The doctrine of res judicata...

...Ghulam Sarwar v. Union of India (1967) 2 SCR 271, AIR 1967 SC 1335, 1967 Cri LJ 1204 the principle of res judicata or constructive res ...Court and has been allowed to become final. However, this principle, namely, the bar of res judicata or principles analogous thereto would not apply to a writ of habeas corpus where the petitioner...: (AIR p. 1335)‘The principle of application of res judicata is not applicable in writ of habeas corpus, so far as High Courts are concerned. The...

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...India…. (2) AIR 1982 (SC) page 1621 the Supreme Court held that the principle of res judicata does not apply to writ petitions filed against the order of detention...those points before the Supreme Court is not barred on principles of Constructive res judicata. The principle of res judicata does not apply in cases where the points were not ag...all the civilised nations. Therefore, the doctrine should yield to the constitutional objective. Both on principle as well as on authority we hold that the doctrine of constructive res judicata does not apply to pr...

...Section 11 CPC, to hold that the 3 petition is barred by principles of res judicata. Said application having been dismissed on 30.01.2015, on t...11 does not apply, the principle of res judicata has been applied by courts for the purpose of achieving finality in litigation. The result of this is that the original court as well as any higher...: "7. The principle of res judicata is based on the need of giving a finality to judicial decisions. What it says is that once a res is judicata, it shall not be...

...appeal in the Supreme Court and has been allowed to become final. However, this principle, namely, the bar of res judicata or principles analogous thereto would not apply to a writ of habeas corpus...their unconstitutional invasion, it would not be right to ignore the principle of res judicata altogether in dealing with writ petitions filed by citizens alleging the contravention of their fundamental...judicata is not applicable in writ of habeas corpus, so far as High Courts are concerned. The principles accepted by the English and American Courts viz. that res judicata is not applicable in ...

..., not oblivious of the fact that the same attained finality in view of the fact that the writ petition of the said Vidhya Devi was dismissed. Despite the same, the principles of res judicata shall not...apply in a case of this nature. It is well known that where an order is passed by an authority which lacks inherent jurisdiction, the principles of res judicata would not apply, the same being a nullity...Devi sought for appointment of her son Ashutosh Kumar and while claiming so she also requested for cancellation of the respondent's appointment. As her request was not acceded to, she filed a writ...

...have considered the submissions made by the learned Counsel for the appellants. It is too late in the day to contend that the principles of res judicata do not apply to writ proceedings. The aforesaid.... 6. Learned Counsel for the appellants submitted that the learned Single Judge failed to appreciate that principles of res judicata are not applicable to the writ proceedings. It ... 1987 can again be adjudicated in the subsequent writ proceedings do not merit acceptance and is hereby rejected. 8. The learned...

...entirely distinct, and so the decision of the High Court can be upheld only if the principle of constructive res judicata can be said to apply to writ petitions filed under Article 32 or Article 226. In our opinion...never at issue on it and the High Court never considered or decided it, I think it is competent for the plaintiff to raise such a plea in the subsequent suit and bar of res judicata will not apply...and artificial form of res judicata” and should not generally be applied to writ petitions, but the matter did not rest there. It again arose for consideration in Devilal Moali case. Gajendragadkar, J...

..., M.P., Gwalior, and others (1987) 1 SCC 5 holding that though the principle of res judicata may not apply to writ petitions, but it is in public policy that principle underlying Order 23... cases of withdrawal of writ petition also, not on the ground of res judicata but on the ground of public policy as explained above...confined only to the point of res judicata which has been argued as a preliminary issue in these writ petitions and no other. 9. The point for consideration...

...., has held that even though the provision of Civil Procedure Code do not apply to writ petition, but principle of res-judicata are applicable to writ petitions. Therefore, it wa.... Apart from the principle of res-judicata this petition is not maintainable under Chapter XXII, Rule 7 of the Rules of Court. Since the petitioner has concealed material...concealment of facts. He urged that he has misled the court and swore false affidavit when he stated on oath that that it was the first writ petition before this court and that he had not filed another...

...judicata or constructive res judicata will not apply even if he has filed the second writ petition in this court for quashing the First Information Report. In the aforesaid Supreme Court's decisio...ought to be taken if not taken could also be covered by the principle of res judicata. Unless this is done a party for the same relief may seek his redress on few grounds and being unsuccessful on few...be barred. The argument is not sustainable on two grounds. Firstly, as the said decision does not apply to the facts of this case and on the contrary, even if the earlier writ petition could be...