AIR 1961 MANIPUR 1

Manipur High Court

Hon'ble Judge(s): T. N. R. Tirumalpad , J

(A) Constitution of India , Art.226— Writ petition - Dismissal - Not res judicata in subsequent suit. The decision in a Writ application proceeds on certain admitted facts. The question in such an application is whether the High, Court in the exercise of its extraordinary jurisdiction will issue a direction to a Subordinate authority. If the High Court refused to exercise its discretion to issue such a direction, the dismissal of the application will not amount to a decree in a suit within the meaning of S. 11 C.P.C. and such a decision cannot be said to have the effect of res judicata in a subsequent suit between the parties.(Para 10) (B) Constitution of India , Art.23(1), Art.265— Custom requiring one day's free labour to be given to village headman - Contravenes Art.23(1) - No money compensation can be given for violation of custom. The custom for each of the house-holders of a village to offer one day's free labour (free in the sense that the labour has to be given without payment of any wages and not in the sense that it is voluntary) to the Headman or Khullakpa of the village for his being Headman and for his first settlement in the village, even if immemorial, will certainly be hit by Art. 23(1). Even granting that the labour is perfor....