SHANTILAL R DESAI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) This court, on 6/08/1968, decided a group of three appeals, entitled The Gujarat Electricity Board v. Shantilal R. Desai and two others. The court passed an order, disagreeing with the view of the High court of Gujarat, that the appeals be allowed and the orders passed by the high court set aside and the cases remanded to the High court for deciding the issues which were left open. The reason for sending back the case is set out in the first paragraph of the judgment. It is stated:

(2.) We may observe that this court did not accept the view expressed by the High court relating to the interpretation of S. 7 of the Indian electricity Act, 1910. When the matter went back to the High court, it transpired that in the petition filed by the present appellant, the question as to the vires of S. 7 was not expressly raised, but in the two other petitions (out of which the two other appeals arose and were decided by this court on 6/08/1968) , the question as to the vires of S. 7 of the Indian Electricity Act was expressly raised. On the view that the question was raised in all the three petitions cut of which the appeals arose and were decided by this court, this court had remanded the case for determination of the issues as to the vires of S. 7 and the other issues left undecided. That judgment of this court has become final. The High court was therefore not justified in refusing to try the issue as to the vires of section 7 of the Electricity Act in the petition filed by this appellant. The order passed by the High court must therefore be set aside.

(3.) It is necessary, however, to observe that at page 10 of the judgment of the High court, certain observations are printed which appear to us, presumably on account of error in transcribing, to be obscure. The observations read: