IAS (Admin.) IAS Mains GS Paper 2 (Governance, Polity, Social Justice, & IR) Constitution-Historical Underpinnings Study Material (Page 7 of 19)

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Res Judicata, Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto

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Res Judicata

  • The principle is embodied in Section 11 of the Code of Civil Procedure. The principle of Res judicata has been applied to judgments pronounced under Article 32, so that, in the absence of new circumstances arising since the dismissal of Petition under Article 32, the same matter cannot be re-introduced by the fr…

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Curative Petition, Concept of Sustainable Development, Concept of Precautionary Principle, Per Incuriam and Sub-silentio

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Curative Petition

The apex court ruled, in the case of Rupa Ashok Hurra v. Ashok Hurra in 2002, that in order to rectify gross miscarriage of justice in its final judgement which cannot be challenged again the court will allow curative petition by the victim of miscarriage of justice to seek a second review of the final order of the court. 4The specific preconditions are:

  • The petitioner must establish that there was a genuine violation of principles of natural justice
  • it must accompany certification by a senior lawyer relating to the fulfillment of the requirements
  • the petition is to be sent to the three judges of the Bench who passed the judgement affecting the p…

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