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Assertion (A): Refusal to issue a writ of habeas corpus under Article 226 does not bar the remedy for a similar writ under Article 32.
Reason (R): The rule of res judicata is not applicable to the writ of habeas corpus.

Assertion (A): Refusal to issue a writ of habeas corpus under Article 226 does not bar the remedy for a similar writ under Article 32.
Reason (R): The rule of res judicata is not applicable to the writ of habeas corpus. Correct Answer Both A and R are true and R is the correct explanation of A

Related Questions

Assertion (A): The doctrine of res judicata does not apply to writs.
Reason (R): If a writ of habeas corpus is rejected by the Supreme Court, the same writ can be file a fresh before the High Court under Article 226 of the Constitution.
"If the writ petition under Article 226 in a High Court is dismissed on the merits (i.e. dismissed in limine); but because of laches of the party applying for the writ or because it is held that the party had an alternative remedy available to it, then dismissal of writ petition (under Article 226) would not constitute a bar to a subsequent petition under Article 32." This principle was laid down by Supreme Court in:
Assertion (A): The rule of constructive res judicata is applicable to writ petitions.
Reason (R): Public policy considerations underlying res judicata also hold true in relation to writ proceedings.
Which of the following distinction(s) is/are not correct between public issue and rights issue? (A) In public issue, applications for shares are invited from the general public and in rights issue, the shares are offered to existing shareholders. (B) In public issue there is no question of any over-subscription and in rights issue the shares may be under subscribed or over subscribed leading to prorata allotment. (C) The price of public issue is generally less than the market price and in rights issue, the price is deliberately made less than the market price. (D) In a public issue, the communication of the issue is through prospectus or advertisements and in a rights issue the communication is between the company and the existing members of the company. Choose the most appropriate answer from the options given below:
In which decision rendered by the Apex Court has it been held that an order under Article 226 passed in a habeas corpus matter will not constitute res judicata to bar a petition under Article 32 of the Constitution of India?
Read Assertion (A) and Reason (R) and give the correct answer:
Assertion (A): Under Article 226 of the Constitution of India the High Court has discretionary remedy to issue writs.
Reason (R): If the High Court is satisfied that the aggrieved party can have an adequate remedy elsewhere it can refuse to grant writ.
Assertion (A): A Habeas Corpus writ petition dismissed by the Supreme Court can be admitted by High Court under Article 226 of the Constitution
Reasons (R): In exercising writ jurisdiction the powers of the Supreme Court and High Court are concurrent
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
Which of the following combinations are not correctly matched?
1. Writ of Habeas Corpus: available against private individuals as well
2. Writ of Quo Warranto: available against subordinate courts only
3. Writ of Certiorari: available against state only
4. Writ of Prohibition: available against autonomous bodies only
Select the correct answer:
That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;