Supreme Court · 1958 INSC 30 · Decided 28 March 1958
Seth Gulab Chand v. Seth Kudilal and Another
- Court
- Supreme Court of India
- Citation
- 1958 INSC 30 · [1959] 1 S.C.R. 313
- Case number
- CIVIL APPEAL No. 230/1953
- Decided
- 28 March 1958
- Bench
- SUDHI RANJAN DAS, VIVIAN BOSE, T.L. VENKATARAMA AIYYAR, S.K. DAS, A.K. SARKAR (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
COURT REPORTS SETH GULAB CHAND v. SETH KUDILAL AND ANOTHER 313 (S. R DAS c. J., VENKATARAMA AIYAR, s. K. DAS, A. K. SARKAR and VIVIAN BosE JJ.) Statute, Construction of-Retrospective operation-Rule of presumption-Applicability-Duty of Court-Reference to pre-exist­ ing law, if and when operation can apply only where it is doubtful from the language used whether or not it was intended to have such operation. Where the language of the statute plainly gives it a retrospective opera­ tion, there can be no scope for applying the rule of presumption against retrospective
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