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Uzir Ali Vs. Ram Komal Shaha and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal383
AppellantUzir Ali
RespondentRam Komal Shaha and ors.
Cases ReferredLal Mohun Mukerjee v. Jogendra Chunder Roy
Excerpt:
bengal tenancy act (viii of 1885), section 174 - execution applied for after passing of act viii of 1885, decree being previous to the act--bengal act viii of 1869--construction of statutes. - wilson, j.1. i cannot distinguish this case in principle from the former full bench decision of lal mohun mukerjee v. jogendra chunder roy 14 c. 636. section 174 was there held to be not a matter of mere procedure, but to confer substantive right. in the absence of any indication of intention that the provision is to operate retrospectively, it does not, i think, by the ordinary rules of construction, apply to the proceedings under a decree passed before the commencement of the act. i should answer the question referred to us in the negative and set aside the order complained of.
Judgment:

Wilson, J.

1. I cannot distinguish this case in principle from the former Full Bench decision of Lal Mohun Mukerjee v. Jogendra Chunder Roy 14 C. 636. Section 174 was there held to be not a matter of mere procedure, but to confer substantive right. In the absence of any indication of intention that the provision is to operate retrospectively, it does not, I think, by the ordinary rules of construction, apply to the proceedings under a decree passed before the commencement of the Act. I should answer the question referred to us in the negative and set aside the order complained of.


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