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.