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february 1953

Supreme Court of India · 1953-02-23

HOOSEIN KASAM DADA (INDIA) LTD. vs THE STATE OF MADHYA PRADESH AND OTHERS.

Citation / case number
SC 1952/77
Court
Supreme Court of India
Petitioner
HOOSEIN KASAM DADA (INDIA) LTD.
Respondent
THE STATE OF MADHYA PRADESH AND OTHERS.
Bench
DAS, SUDHI RANJAN

Judgment text excerpt

The Supreme Court held that the right of appeal is a substantive right that vests when proceedings are initiated, governed by the law in effect at that time. It ruled that the amendment to Section 22(1) of the Central Provinces and Berar Sales Tax Act, 1947, which required proof of tax payment for appeal admission, was not merely procedural but significantly altered the right to appeal. Consequently, the amendment had no retrospective effect, and the appellant's appeal could not be rejected for non-payment of tax as the right to appeal was established prior to the amendment.

HOOSEIN KASAM DADA (INDIA) LTD. vs THE STATE OF MADHYA PRADESH AND OTHERS. · Niyam