STATE OF UTTAR PRADESH vs NAWAB HUSSAIN

The Supreme Court held that the principle of constructive res judicata applies when a matter that could have been raised in an earlier proceeding is not raised. In this case, the respondent's dismissal was challenged in a writ petition under Article 226, but the issue of the Deputy Inspector General's competence was not raised. The High Court's ruling that this issue was left open was incorrect, as established in Devi Lal Modi v. Sales Tax Officer. The Court allowed the State's appeal, reinforcing the applicability of constructive res judicata in subsequent suits.