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    <title>1973 (4) TMI 120 - Supreme Court</title>
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    <description>An objection based on Section 57 of the Indian Divorce Act, 1869 could not be revived in a later election proceeding because it had already been raised, considered and effectively rejected in an earlier appeal. The Court treated the earlier refusal to entertain the plea as final, noting that the point had not been pleaded or pressed before the High Court, no issue had been framed, and it had not been pursued through cross-examination or before the trial court. On those facts, the objection was one that ought to have been taken earlier and was barred by constructive res judicata.</description>
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    <pubDate>Thu, 26 Apr 1973 00:00:00 +0530</pubDate>
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      <title>1973 (4) TMI 120 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=283155</link>
      <description>An objection based on Section 57 of the Indian Divorce Act, 1869 could not be revived in a later election proceeding because it had already been raised, considered and effectively rejected in an earlier appeal. The Court treated the earlier refusal to entertain the plea as final, noting that the point had not been pleaded or pressed before the High Court, no issue had been framed, and it had not been pursued through cross-examination or before the trial court. On those facts, the objection was one that ought to have been taken earlier and was barred by constructive res judicata.</description>
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      <pubDate>Thu, 26 Apr 1973 00:00:00 +0530</pubDate>
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