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    <title>2014 (8) TMI 1126 - BOMBAY HIGH COURT</title>
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    <description>A successive writ petition challenging the same detention order under Article 226 is maintainable only where a genuinely fresh ground arises after the earlier decision, or where an earlier available ground could not be raised for an exceptional reason. The doctrine of constructive res judicata has limited application in detention matters, but it still bars reopening points that were available and capable of being urged earlier. Alleged illegible documents, non-consideration of the Assay Report, and later representations were held not to be fresh grounds because they were either available earlier or merely repeated the same material. No interference with the detention orders was warranted.</description>
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    <pubDate>Fri, 01 Aug 2014 00:00:00 +0530</pubDate>
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      <title>2014 (8) TMI 1126 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=195683</link>
      <description>A successive writ petition challenging the same detention order under Article 226 is maintainable only where a genuinely fresh ground arises after the earlier decision, or where an earlier available ground could not be raised for an exceptional reason. The doctrine of constructive res judicata has limited application in detention matters, but it still bars reopening points that were available and capable of being urged earlier. Alleged illegible documents, non-consideration of the Assay Report, and later representations were held not to be fresh grounds because they were either available earlier or merely repeated the same material. No interference with the detention orders was warranted.</description>
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      <pubDate>Fri, 01 Aug 2014 00:00:00 +0530</pubDate>
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