9911796707
TMI Blog1968 (1) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... with the merits of of the case and the fact that no notice was issued to the other side before such an order was passed is immaterial in the circumstances. We, therefore, uphold the preliminary objection. Appeal dismissed. - - - - - Dated:- 10-1-1968 - Judge(s) : C. A. VAIDIALINGAM., R. S. BACHAWAT., K. N. WANCHOO., J. M. SHELAT., G. K. MITTER JUDGMENT The judgment of the court was delivered by WANCHOO C. J.--The petitioner is a public limited company manufacturing bars, rods and agricultural implements out of scrap iron and steel and consumes energy of high tension supply for the purpose. Its case is that it is governed by the Industries (Development and Regulation) Act, 1951 (65 of 1951) (hereinafter referred to as the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 12 of the Madras Act. Thereupon the petitoner filed a writ petition in the High Court of Madras attacking section 12 of the Madras Act under article 14 of the Constitution and claiming that it should also have been granted exemption. The petition was dismissed by a learned single judge of the High Court without issue of notice by a short order to the effect that the petitioner was not entitled to the benefit of section 12 of the Madras Act and the validity of the section could not be attacked as the exemption provided was based on sound principles. The petitioner then went in Letters Patent Appeal and the appeal was heard by a Division Bench of the High Court. The Division Bench held that the exemption was a concession and could not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ference has been made to observation at page 592, where this court observed that, " if ... a writ petition filed by a party under article 226 is considered on the merits as a contested matter and is dismissed the decision thus pronounced would continue to bind the parties unless it is otherwise modified or reversed by appeal or other appropriate proceedings permissible under the Constitution." But it was later observed on that very page that : " If the petition filed in the High Court under article 226 is dismissed not on the merits but because of the laches of the party applying for the writ or because it is held that the party had an alterative remedy available to it, then the dismissal of the writ petition would not constitute a bar to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal from such a speaking order passed on the merits, even though the High Court may not have issued notice to the other side. What has been decided in Daryao's case is that the High Court should have decided the petition on the merits by a speaking order. If that is done, it is immaterial whether notice was issued to the other side or not before such a decision was given. The bar arises not because there was a notice issued but because the High Court has dealt with the merits of the petition before it and has passed a speaking order even though no notice might have been issued. In the present case the petition is clearly barred in view of the decision in Daryao's case. The learned single judge who first dealt with the petition passe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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