Just a moment...

Top
Help
🎉 Festive Offer: Flat 15% off on all plans! →⚡ Don’t Miss Out: Limited-Time Offer →
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Flexible Res Judicata in Public Interest Cases; Court Ensures Justice Using Article 142; Limits on Subsequent Purchasers.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The doctrine of res judicata prevents parties from relitigating issues already conclusively determined by a court. However, in cases involving larger public interest, a flexible approach should be adopted. Suppression of material facts by appellants that could influence the merits of the case warrants dismissal. The doctrine of merger should not be applied mechanically in cases involving public infrastructure projects, as it may lead to irreversible consequences. The court invoked its extraordinary power under Article 142 to ensure complete justice between landowners, the state, and the public's vested interest in infrastructure projects. Subsequent purchasers lack locus standi to contest acquisitions or claim lapse of proceedings u/s 24(2) of the 2013 Act, overruling a previous decision. The petition was disposed of accordingly.....