Skip to content


Rama Rau and anr Vs. Chellayamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1891)ILR14Mad458
AppellantRama Rau and anr
RespondentChellayamma
Cases ReferredBalubhai Dayabhai v. Nasar Bin Abdul Habib Fazly I.L.R.
Excerpt:
succession certificate act - act vii of 1889, section 4(b)--application for execution. - 1. we are of opinion that section 4, clause (6), act vii of 1889 does not apply to applications to execute decrees which were pending at the date of the passing of the act, but refers to applications made after the act came into force.2. under section 6 of the general glauses act prima facie, the act cannot affect pending proceedings. if the legislature intended to give retrospective effect to the section, the language would have dearly indicated it.3. the same view has been taken by the bombay high court in balubhai dayabhai v. nasar bin abdul habib fazly i.l.r. 15 bom. 79.
Judgment:

1. We are of opinion that Section 4, Clause (6), Act VII of 1889 does not apply to applications to execute decrees which were pending at the date of the passing of the Act, but refers to applications made after the Act came into force.

2. Under Section 6 of the General Glauses Act prima facie, the Act cannot affect pending proceedings. If the Legislature intended to give retrospective effect to the section, the language would have dearly indicated it.

3. The same view has been taken by the Bombay High Court in Balubhai Dayabhai v. Nasar Bin Abdul Habib Fazly I.L.R. 15 Bom. 79.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //