Supreme Court of India · 1961-03-27
DARYAO AND OTHERS vs THE STATE OF U. P. AND OTHERS(and Connected Petitions)
- Citation / case number
- SC 1956/40
- Court
- Supreme Court of India
- Petitioner
- DARYAO AND OTHERS
- Respondent
- THE STATE OF U. P. AND OTHERS(and Connected Petitions)
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court ruled that a writ petition dismissed by the High Court under Article 226, after a merits hearing, bars a subsequent petition under Article 32 on the same facts due to the principle of res judicata. The Court clarified that the right to invoke Article 32 is a fundamental right and cannot be limited except as provided by the Constitution. The binding nature of High Court judgments is essential for the rule of law and must be respected in subsequent proceedings.