Supreme Court of India · 1968-04-02
KESHAVLAL JETHALAL SHAH vs MOHANLAL BHAGWANDAS & ANR.
- Citation / case number
- SC 1967/57
- Court
- Supreme Court of India
- Petitioner
- KESHAVLAL JETHALAL SHAH
- Respondent
- MOHANLAL BHAGWANDAS & ANR.
- Bench
- HIDAYATULLAH, M. (CJ),SHAH, J.C.,SIKRI, S.M.,BACHAWAT, R.S. & MITTER, G.K.,VAIDYIALINGAM, C.A. & HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the amended Section 29(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, does not apply retrospectively to cases where the appellate court's decision was made prior to the amendment. The Court ruled that the High Court's exercise of jurisdiction under the amended section was invalid as the original order had become final. Consequently, the appeal was allowed, the High Court's order was set aside, and the matter was remanded for reconsideration under Section 115 of the CPC.