U.P. State Road Transport Corporation Vs. State of U.P.
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Head Note
Motor Vehicles Act,1988 - Section 100 (4) , The Code of Civil Procedure, 1908 - Section 11
Constitution of India,1950 - Articles 141 and 226 - Res judicata - Lapsing of Scheme published under the old Act because of coming into force of Section 100(4) of the new Act - Once the Supreme Court directed to continue the Scheme published under the old Act and directed the authority to decide the appeals on merits, the High Court cannot hold the same Scheme to have lapsed - The issue cannot even be raised again in the same proceedings once decided by the Supreme Court and would bind the parties with the principle of res judicata - Even a judgment passed by the High Court under Article 226 after hearing, cannot be circumvented by way of a petition under Article 32.
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