Nawab Hussain decided on 04.04.1977 for substantiating his submission that the order contained in Annexure-13 to the writ application was hit by the principles of constructive resjudicata. 14. ... resjudicata. ... The learned counsel for the petitioners assails the order dated 13.07.2017 passed by the respondent no.2 on the ground that the same is hit by the principles of constructive resjudicat....
He contended that the Joint Director, Consolidation measurably failed to appreciate the settled principles of law regarding constructive res-judicata and limitation of review. ... Anand Kumar Ojha, learned counsel appearing for the petitioners/appellants submitted that the learned single Judge committed an error in dismissing the writ application without deciding the frontal issue of lack of jurisdiction raised by the #HL_....
would be barred by the principles of constructive resjudicata. ... resjudicata, principles whereof are applicable in the writ proceedings [see: Sharadchandra Ganesh Muley vs. ... This Court sitting in writ jurisdiction does not find any legal or factual infirmity in the order of termination passed by the respondent No. 3. The writ petition being devoid of merit i....
Issues of resjudicata would also arise on such multiple applications under Order 7 Rule 11 CPC. 7. The Apex Court in the case of Y.B. Patil Vs. Y.L. ... Civil Writ Petition No.6916/2017, vide order dated 10.05.2017 held as under:- '6. Of importance in the case is the fact of an earlier application under Order 7 Rule 11 CPC which was dismissed by the trial, court on 12-2- 2016. ... It is trite law that the principles of res judicata/constructive#HL....
Consequently, Annexure P-2 acquired conclusive and binding effect, thereby any subsequent motion, as became drawn in respect thereof, thus was barred by the estopping principle of constructive resjudicata, nor any jurisdictional competence became vested in the authorities, who made orders on the subsequent ... , whereupon breach is caused to the principle of constructive res judicata. ... In aftermath, this Court finds merit in the #HL_STAR....
It is now well settled that the principles of estoppel and constructive resjudicata apply to Writ Petitions also. ... Court to decide the contentious issues for the simple reason that this is a clear case of constructive resjudicata. ... In the said judgment also, the Hon'ble Supreme Court reiterated that the principles of constructive resjudicata underlying Explanatio....
6237/2020, principles of resjudicata or constructive resjudicata will not be applicable. Therefore, this judgment in the case of Sameer Kumar Majumdar (supra) too has no application to the facts of the present case. ... There the facts were that the writ petition was withdrawn unconditionally. ... Union of India and others 2023 Livelaw (SC) 806 wherein relying on para 34, it is submitted that the doctrine of con....
Order XIV R.2 of the Code had salutary object in mind that mandates the Court to pronounce judgments on all issues subject to the provisions of sub-Rule (2). ... The jurisdiction to try issues of law apart from the issues of fact may be exercised only where in the opinion of the court the whole suit may be disposed of on the issues of law alone, but the Code confers no jurisdiction upon the court to try a suit on mixed issues of law and fac....
48) Respondent No.1 has not acted beyond jurisdiction as held by the Writ Court in WPC No. 4235 of 2021 and the Hon’ble Division Bench in Writ Appeal No. 56 of 2022, and thus, the judgments relied on by the petitioner’s counsels are of no help. ... The Writ Court wrongly applied the principle of constructive res judicata without discussing the issues involved in the earlier round of #H....
48) Respondent No.1 has not acted beyond jurisdiction as held by the Writ Court in WPC No. 4235 of 2021 and the Hon’ble Division Bench in Writ Appeal No. 56 of 2022, and thus, the judgments relied on by ... 60) The submission with regard to the judgments which were in existence and relevant were not taken into consideration by the Writ Court, firstly such judgments we....
Andheri and others (1986) 1 SCC 100 which was followed by 5 Judges Bench, in Direct Recruits Class II Engg. It would not be in the interest of public policy to allow the parties to urge some of the issues, subsequently, which could have been taken up in the 1st round. The principle of Constructive resjudicata is applicable to the writ petitions. Reliance in this regard can be placed on judgment of the Supreme Court, in Forward Construction Co. and others Vs. Prabhat Mandal ( ....
Whether there is delay and latches in considering the claim of the petitioners ? (iv)Whether the award is passed with prior approval as per Section 11(1) of the Act and whether it is valid, void and nonest in law? (iii)Whether the Writ Petition is hit by constructive resjudicata?
According to him, the judgments of this Court in earlier writ petitions would operate as constructive resjudicata in respect of the issues involved in these writ petitions. The learned senior counsel Mr.R.Thiyagarajan appearing for the Association of the Graduate Engineers would submit that under Order II, Rule 2 of the Code of Civil Procedure by applying the principles of constructive resjudicata, the petitioners are not entitled to question the seniority list. I do not want....
The present Writ Petitions are barred by the principles of resjudicata/constructive resjudicata. (xxx) No policy can be challenged unless the same is perverse, irrational, illegal or opposed to public policy and the impugned policy does not suffer from any of these vices. The Division Bench judgment in Writ Petition No.13730 of 2006 operates as resjudicata/constructive resjudicata. Neither the identity of the beneficiaries nor the location and allotment of l....
No policy can be challenged unless the same is perverse, irrational, illegal or opposed to public policy and the impugned policy does not suffer from any of these vices. The Division Bench judgment in Writ Petition No.13730 of 2006 operates as resjudicata/constructive resjudicata. The present Writ Petitions are barred by the principles of resjudicata/constructive resjudicata. (xxx) Neither the identity of the beneficiaries nor the location and allotment of l....
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