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1928 Supreme(Cal) 265

RANKIN, SUHRAWARDY, PAGE, C. C. GHOSE, B. B. GHOSE
Sadar Ali – Appellant
Versus
Doliluddin Ostagar – Respondent


Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  • The main legal issue was whether the applicants had the right to appeal from the decision of a single Judge in second appeal without a certificate from the Judge certifying the case as fit for appeal (!) .
  • The court held that the new clause in the Letters Patent effectively removes the right to appeal to the Privy Council in all second appeals decided by a single Judge, although the Judicial Committee's power to grant special leave remains unaffected (!) (!) .
  • The determination of whether the new clause applies depends on the date of the institution of the suit; specifically, whether the suit was instituted before or after the clause came into effect (!) .
  • The court emphasized that rights of appeal are not purely procedural but are substantive rights, and such rights existing at the time of suit institution are protected unless explicitly altered (!) (!) .
  • The court concluded that the new clause in the Letters Patent should not be applied retroactively to pending cases, especially those instituted before the clause's effective date, unless there is clear legislative intent to do so (!) (!) .
  • The court recognized that the amendments aim to streamline litigation and reduce delays, but these objectives do not justify applying the new rules retrospectively to cases initiated prior to their enactment (!) (!) .
  • The decision was to grant the rule, making it absolute, but without costs, affirming that the rights of appeal vested before the new clause's enforcement remain protected (!) .

Please let me know if you need a more detailed analysis or specific legal advice based on these points.


JUDGMENT

Rankin, C.J. - This is a rule calling upon the respondents to show cause why a certain memorandum of appeal presented to this Court on 30th April 1928 should not be accepted and registered. The question raised is whether or not the applicants have a right of appeal from the decision of a single Judge sitting in second appeal in the absence of a certificate from him that the case is a fit one for appeal. This question arises upon the new Letters Patent which came into effect on 14th January 1928.

2. The facts are that the suit was instituted on 7th October 1920 and that after an appeal to the District Court a

second appeal was filed in this High Court by the present applicants on 4th October 1926. Under certain rules of this Court it was laid before Mallik, J. for disposal on or about 4th April 1928, and on that date the appeal was dismissed the learned Judge refusing to declare that the case was a fit one for a further appeal.

3. In these circumstances it is plain enough that the applicants have no right of appeal if the present ease is to be governed by the terms of the new clause which by the said Letters Patent has been substituted for the 15th clause of the Letters Patent

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