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february 1979

Supreme Court of India · 1979-02-27

HOSHNAK SINGH vs UNION OF INDIA & ORS.

Citation / case number
SC 1969/60175
Court
Supreme Court of India
Petitioner
HOSHNAK SINGH
Respondent
UNION OF INDIA & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that a dismissal of a writ petition in limine without a speaking order does not bar a subsequent petition on the same cause of action under principles analogous to res judicata. The Court clarified that if a petition is dismissed due to the availability of an alternative remedy, the dismissal does not merge the original order with the revisional authority's order, allowing for a fresh challenge. The appeal was allowed, overturning the High Court's decision that had dismissed the appellant's writ petition as barred by res judicata principles.

HOSHNAK SINGH vs UNION OF INDIA & ORS. · Niyam