9911796707
TMI Blog1973 (9) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... 23-3-1963 allowing a second appeal the Appellants filed a revision before the Commr. The Commr. held that the revision was not maintainable and dismissed it. The Appellants then instituted a writ petition in this Court. This Court held that the revision was maintainable. It sent the case back to the Commr. for deciding the revision on merits. The revision was disposed of by the Commr. on its meri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ava appearing for the Appellants urged that the judgment of this Court deciding a writ petition on an earlier occasion will operate as res judicata. It is true that normally a judgment which has become final operates as res judicata between the parties to the litigation on the points already decided. But this principle does not hold good when the Legislature alters the law especially when it is al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding the law from time to time. That is a power which vests exclusively in the law-making authority and not in the courts. The true rule appears to be that the counts declaration is co-extensive with the life of the law. It is effective for the whole of the time that that law re-j mains in force. It necessarily follows from this principle that if a law is repealed then the declaration of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If there is any conflict between the declaration of law made by a court and the exercise of legislative power the declaration of law made by the Court will yield to the legislative enactment. In this view the Director had no jurisdiction to entertain or to decide the revision on merits. 5. In the next place it was argued that Section 3(2) of the Amending Act would save the order of the Director ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
