In which of the landmark judgment of the Supreme Court of India held that the principle of res judicata…
Daryao v State of Uttar Pradesh applies res judicata when a High Court has already rejected the same writ claim on its merits under Article 226. The party cannot bypass that…
Choose your answer
In which of the landmark judgment of the Supreme Court of India held that the principle of res judicata applies to a petition filed under Article 32 of the Constitution if a similar petition, on the same cause of action, has already been dismissed on merits by a High Court under Article 226?
Answer and explanation
Correct answer D
Daryao v State of Uttar Pradesh applies res judicata when a High Court has already rejected the same writ claim on its merits under Article 226. The party cannot bypass that binding adjudication by filing an original Article 32 petition on the same facts for the same relief. A dismissal without a speaking order, withdrawal, or a refusal based only on an alternative remedy is distinguished because it does not establish the same merits determination.
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