Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Res Judicata in Writ Proceedings
Constitutional & Public Law Doctrines
Definition
The rule that if an issue has been directly heard and decided on merits in a writ petition under Article 226 by a High Court, the same petitioner cannot re-agitate the identical cause of action before the Supreme Court under Article 32 (Daryao v. State of U.P.).
Example
A petitioner challenges a preventive detention order before the High Court under Article 226 and loses on merits; they cannot file a fresh Article 32 writ on the identical grounds without appealing the High Court order (except in petitions for Habeas Corpus).