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    <title>2013 (8) TMI 774 -  HIGH COURT OF CALCUTTA</title>
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    <description>A party that had earlier pressed a claim on the basis of a sanctioned scheme order could not later seek correction by alleging that a property was omitted from the schedule. The court noted that the same issue had already been raised in earlier proceedings and was effectively determined, so the applicant could not reopen it through a fresh application. Even if strict res judicata was not invoked, the claim was barred by approbation and reprobation, by the party&#039;s failure to raise the alleged mistake when it had the opportunity, and by delay in asserting correction after the right had become stale. The application was dismissed without costs.</description>
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    <pubDate>Fri, 20 Apr 2012 00:00:00 +0530</pubDate>
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      <title>2013 (8) TMI 774 -  HIGH COURT OF CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=236482</link>
      <description>A party that had earlier pressed a claim on the basis of a sanctioned scheme order could not later seek correction by alleging that a property was omitted from the schedule. The court noted that the same issue had already been raised in earlier proceedings and was effectively determined, so the applicant could not reopen it through a fresh application. Even if strict res judicata was not invoked, the claim was barred by approbation and reprobation, by the party&#039;s failure to raise the alleged mistake when it had the opportunity, and by delay in asserting correction after the right had become stale. The application was dismissed without costs.</description>
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      <pubDate>Fri, 20 Apr 2012 00:00:00 +0530</pubDate>
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