https://www.taxtmi.com/caselaws?id=39931 A speaking order dismissing a writ petition on the merits operates as res judicata against a later petition on the same facts and for the same relief, even if notice was not issued to the other side. The decisive factor is whether the earlier High Court order adjudicated the constitutional challenge; a dismissal in limine without reasons stands on a different footing. Because the prior Article 226 dismissal was merits-based, the subsequent Article 32 petition could not reopen the same challenge and was not maintainable. The petition therefore failed at the threshold. en-us Wed, 10 Jan 1968 00:00:00 +0530 Wed, 27 Oct 2021 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39931 A speaking order dismissing a writ petition on the merits operates as res judicata against a later petition on the same facts and for the same relief, even if notice was not issued to the other side. The decisive factor is whether the earlier High Court order adjudicated the constitutional challenge; a dismissal in limine without reasons stands on a different footing. Because the prior Article 226 dismissal was merits-based, the subsequent Article 32 petition could not reopen the same challenge and was not maintainable. The petition therefore failed at the threshold. Case-Laws Income Tax Wed, 10 Jan 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39931