The doctrine of res judicata prevents parties from relitigating ...

SC: Res Judicata Flexibility for Public Projects, Truth Outweighs Technicalities.

Case Laws Indian Laws

September 5, 2024

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.

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The doctrine of res judicata prevents parties from relitigating ...

SC: Res Judicata Flexibility for Public Projects, Truth Outweighs Technicalities.

Case Laws Indian Laws

September 5, 2024

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