Supreme Court of India · 1963-05-07
SUBODH GOPAL BOSE vs AJIT KUMAR HALDAR AND OTHERS
- Citation / case number
- SC 1961/206
- Court
- Supreme Court of India
- Petitioner
- SUBODH GOPAL BOSE
- Respondent
- AJIT KUMAR HALDAR AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ)
Judgment text excerpt
The Supreme Court held that the Bengal Land Revenue Sales (West Bengal Amendment) Act, 1950, specifically Sections 4 and 7, applies retrospectively to pending litigation, including appeals. The Court ruled that the appeal abated under Section 7(1)(a) of the Amending Act, as the original suit was still pending when the Amending Act came into force. Consequently, the High Court's decision to abate the suit was upheld, affirming that the Amending Act intended to protect tenure holders whose tenures had not been annulled before its enactment.