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march 1958

Supreme Court of India · 1958-03-28

SETH GULAB CHAND vs SETH KUDILAL AND ANOTHER

Citation / case number
SC 1953/1388
Court
Supreme Court of India
Petitioner
SETH GULAB CHAND
Respondent
SETH KUDILAL AND ANOTHER
Bench
DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,SARKAR, A.K.,BOSE, VIVIAN

Judgment text excerpt

The Supreme Court ruled that a statute's retrospective operation is only applicable when its language is ambiguous regarding such intent. In this case, the United State of Gwalior, Indore and Malwa (Madhya-Bharat) High Court of Judicature Act, VIII of 1949, Section 25, was interpreted not to have retrospective effect, thus upholding the finality of a prior judgment made before the Act's enactment. The Court emphasized that the presumption against retrospective operation does not apply when the statute's language clearly indicates otherwise, leading to the dismissal of the appellant's appeal as incompetent.

SETH GULAB CHAND vs SETH KUDILAL AND ANOTHER · Niyam