High CourtsFull Bench(1907) 08 BOM CK 0001

Fatmabibi Budruddin vs Ganesh Ballal Joglekar

Bombay High Court · Decided on 7 August 1907 · Citation: (1907) 9 BOMLR 917

HON’BLE JUDGES
Louis P. Russell, Acting C.J. · Knight, J · Heaton, J · Chandavarkar, J
CASE NUMBER
First Appeal No. 76 of 1906

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Judgment

3 paragraphs · 173 words
1.

The question submitted for our decision is whether Sections 12, 13 and 71 A of the Dekkhan Agriculturists'' Relief Act apply to suits instituted before that Act came into force in the particular district in which the suits arc instituted.

2.

We are of opinion that Sections 13 and 71 A have no such application and that Section 12 must be allowed retrospective effect only in so far as it regulates the procedure of the Court. To obviate the possibility of misunderstanding, we add that in this view of the law it appears to us advisable to specify the last sixteen words of the main paragraph of the section, "And secondly, with a view to taking an account between such parties in manner hereinafter provided" as the particular passage to which retrospective effect must be denied.

3.

In this connection we invite attention to the recent ruling of a Division Bench of this Court in Pannalal Vrajlal Vs. Kalu Nhanu Vani, which we read as indicating a similar construction of the law.