similar relief on different grounds
Guest
(Querist) 16 April 2010
This query is : Resolved
is it possible to maintain a second writ petition or original application seeking similar relief on different grounds which were not pleaded before in an earlier writ petition.
can there be any res judicata applied against the relief claimed under article 14 and 16 in a subsequent petition.
adv. rajeev ( rajoo )
(Expert) 16 April 2010
on different grounds second writ is filed. This fact has to be brought before the court
If it is against the same parties and the releif is same then res judicta is applicable.
Guest
(Querist) 16 April 2010
sir, thanks for your worthy suggestions, but i want to know whether a mistake committed by a petitioner either innocently or deliberately can abridge or bar his basic fundamental right which can never be claimed in future.
further, does unconditional withdrawal of a petition constitutes res judicata on the same issue in a subsequent petition involving claim for fundamental rights.
Raj Kumar Makkad
(Expert) 16 April 2010
In the light of query, I suggest you to withdraw subsequent petition with liberty to insert the same in the earlier petition.
Guest
(Querist) 18 April 2010
sir again a lot of thanks but i still want to ask wether any principle of res judicata can be applied in a case involving claim guaranteed under part third of constitution of india.
can a person be estopped from re-agitating a issue involving infringement of his fundamental rights?
Guest
(Querist) 18 April 2010
sir can a claim under article 14 & 16 be agitated again if they were in issue in an earlier petition but not considered and decided by court?
