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.