In which of the following writs, the doctrine of res-judicata is not applicable ?
The Supreme Court has held that res judicata does not apply to habeas corpus petitions, because they concern personal liberty under Article 21. In Ghulam Sarwar v. Union of…
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In which of the following writs, the doctrine of res-judicata is not applicable ?
Answer and explanation
Correct answer A
The Supreme Court has held that res judicata does not apply to habeas corpus petitions, because they concern personal liberty under Article 21. In Ghulam Sarwar v. Union of India (1967), it allowed a fresh petition under Article 32 after a High Court had dismissed one, and in Lallubhai Jogibhai Patel v. Union of India (1981) it allowed successive petitions on fresh grounds.
For other writs such as certiorari, mandamus and quo warranto, Daryao v. State of U.P. (1961) holds that a decision on the merits operates as res judicata.
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