Whether a second application is maintained on not pressing the first application

Maintainability of a Second Application

Overview

The question of whether a second application can be maintained when the first application is not pressed or has been disposed of is addressed in various legal contexts. The maintainability often hinges on the nature of the first application’s dismissal and the circumstances surrounding the second application.

Key Findings

1. General Principles of Maintainability

A second application is generally not maintainable if the first application was dismissed on merits or after being argued at length, unless new facts have arisen since the dismissal Imratlal Vishwakarma VS State of M. P. - Madhya Pradesh Imratlal Vishwakarma VS State Of Madhya Pradesh - Madhya Pradesh.
If the first application was dismissed as withdrawn or not pressed, a second application may be maintainable, particularly if it seeks the same relief Imratlal Vishwakarma VS State of M. P. - Madhya Pradesh Imratlal Vishwakarma VS State Of Madhya Pradesh - Madhya Pradesh.

2. Specific Cases

Anticipatory Bail Applications:
A second anticipatory bail petition is not maintainable if the first was dismissed after being argued at length with liberty to surrender and seek regular bail OMPRAKASH S/o RAJMANI PANDEY VS STATE OF MADHYA PRADESH - Madhya Pradesh. However, if the first application was dismissed without a hearing or on technical grounds, a second application may be considered Imratlal Vishwakarma VS State Of Madhya Pradesh - Madhya Pradesh.
Civil Applications:
If a civil application is disposed of because the applicant is not pressing it, it does not bar the filing of a second application unless it is based on the same facts and circumstances Ajay Verma vs Govt. of NCT of Delhi - Delhi.
Writ Petitions:
A second writ petition on the same facts is not maintainable if the first was dismissed and relevant facts were concealed KHACHER SINGH VS STATE OF U. P - Allahabad.

3. Exceptions and Counterarguments

New evidence or changed circumstances can justify the filing of a second application even if the first was dismissed DEVINDER SINGH VS STATE OF DELHI - Delhi.
The principle of res judicata may apply if the first application was decided on merits, barring the second application unless new facts are presented NITYA NANDA GHOSH VS ALO RANI GHOSH - Calcutta.

Conclusion

The maintainability of a second application largely depends on the nature of the first application’s dismissal and the presence of new facts or circumstances. If the first application was not pressed or dismissed without a hearing, a second application may be maintainable. However, if the first application was dismissed on merits, the second application is typically barred unless new evidence is introduced.

Recommendations

Assess the specific circumstances of the first application’s dismissal.
Gather any new evidence or changes in circumstances that may support the second application.
Consider the legal precedents regarding the maintainability of similar applications in the relevant jurisdiction.