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october 1952

Supreme Court of India · 1952-10-24

GANPAT RAI HIRALAL AND ANOTHER vs AGGARWAL CHAMBER OF COMMERCE LTD.MURARI LAL HARI RAMV.MARW

Citation / case number
SC 1951/41
Court
Supreme Court of India
Petitioner
GANPAT RAI HIRALAL AND ANOTHER
Respondent
AGGARWAL CHAMBER OF COMMERCE LTD.MURARI LAL HARI RAMV.MARW
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court interpreted Section 116 of the Pepsu Ordinance X of 2005, clarifying that it facilitates the transition of proceedings without treating them as newly commenced, thus preserving vested rights. The Court held that the requirement for a certificate for appeals under the Ordinance was applicable only to new proceedings, while appeals governed by the Patiala States Judicature Farman of 1999 retained the right to appeal without a certificate. Consequently, the dismissal of the appeal for lack of a certificate was upheld in Appeal No. 152, but the dismissals in Appeals Nos. 167 and 167-A were deemed erroneous as they were based on an incorrect application of the law regarding vested rights.

GANPAT RAI HIRALAL AND ANOTHER vs AGGARWAL CHAMBER OF COMMERCE LTD.MURARI LAL HARI RAMV.MARW · Niyam