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first petition-First petition, if operates
as constructive res judicata-Constitutional imperatives
under Art 22(5)- What are.
Constructive ... habeas corpus-Second petition if barred
by constructive res judicata-If applicable in illegal
detentions.
Words and phrases-Commnunicate-Meaning
Supreme Court of India
CITATOR INFO :
R 1978 SC1283 (11)
ACT:
Constructive res Judicata--Matter which might or ought
to have been raised ... opinion, constructive res judica-
ta which is a special and artificial form of
res judicata enacted by section
Supreme Court of India
SC1680 (7)
ACT:
Practice-Principle of constructive res judicata-
Applicability to writ petitions.
HEADNOTE:
The appellant was assessed to sales ... appeal should be dismissed as the principle of
constructive res judicata is applicable in these
circumstances. [692 E-F].
Though
Supreme Court of India
said judgment, the plea of constructive res-
judicata should have been applied by the High Court and the
High Court ... position, not only that the principle of constructive res-
judicata would apply, but also it was not open
Supreme Court of India
scope of applicability of the doctrine of
constructive res judicata in execution cases. This Bench has been
constituted because ... applicant, is therefore, barred by the principle of
constructive res judicata from raising the objection.
(2) That the sale
Patna High Court
this contention earlier. Hence,
neither res judicata nor constructive res judicata would
apply to the facts of the present case ... Government. Thus, at
least on the principle of constructive res judicata, if not
actual res judicata, the appellants present grievance
Supreme Court of India
principles of res judicata as
well as constructive res judicata. However, with a view to avoid the
remand, in case ... barred by
the principles of res judicata or constructive res judicata, the MAT
disposed of the controversy raised
Supreme Court of India
plea is clearly barred by the principle of constructive
res judicata by a judgment of this Court in Special Civil ... raised this point raises a
clear bar of constructive res judicata against him.
14. Mr. Deo contends that he would
Bombay High Court
would not be precluded by the doctrine of constructive
res judicata in the later execution petition, from putting forward ... date of the sale,
either actually or constructively and would therefore be in a position
to make the application within
Madras High Court
Procedure as well as
on the principle of constructive res judicata. The learned Judge also
upheld the preliminary objection ... objections of Order 2, Rule 2 CPC and
constructive res judicata, it was noticed by the learned single Judge
that
Rajasthan High Court
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