CASE SUMMARY : State of UP V. Nawab Hussain
Case Summary: State of UP V. Nawab Hussain CITATION : (1977) 2 SCC 806: AIR 1977 SC 1680 BENCH : HON’BLE JUSTICE P.N. SHINGHAL INTRODUCTION The Appeal deals with the sub-set of the principle of Res Judicata that is Constructive res judicata mentioned in the explanation IV and V of the section 11 of the civil procedure code. It states that if a plea is filed by a party in a proceeding between him and the defendant, he will not be allowed to take the pleas against the similar parties in the later proceedings with respect to the same subject matter. FACTS An anonymous complaint was filed against Nawab Hussain, the respondent who was a confirmed police sub inspector in Uttar Pradesh. The complaint was investigated by Inspector Suraj Singh who submitted his report to superintendent of the police. Perhaps two cases were registered against the respondent, one was under prevention of corruption act and the other was under the Indian Penal Code. Due to which he was dismi...