Nawadun Korale Co Operative Stores Union Ltd. V. Premaratne, W.M.

1954 Present : Gratiaen J. and Sansoni J.

NAWADUN KORALE CO OPERATIVE STORES UNION, LTD.,

Appellant, and  W. M. PREMARATNE, Respondent

S. C. 496-D.C . Ratnapura, 391 8

Co-operative Societies Ordinance (Cap. 107)-Section 45-Dispute between co-operative society and past officer-Act No. 21 of 1949-Act No. 17 of 1952-Retroactive effect-Appeal-Power of Appellate Court to re-hear case-Interpretation Ordinance (Cap. 2), s. 6 (3) (c)-Courts Ordinance (Cap. 6), s. 37.

The provisions of neither the Co-operative Societies (Amendment) Act, No. 21 of 1949, nor the Co-operative Societies (Special Provisions) Act, No. 17 of 1952, are applicable to a dispute which had originated between a co-operative society and one of its " past officers " prior to 24th May, 1949, and which was pending in appeal to the Supreme Court at the time when Act No. 17 of 1952 came into force.

Section 2 of the Co-operative Societies (Special Provisions) Act, read with section 6 (3) (c) of the Interpretation Ordinance, does not interfere with the rights of the parties in an action which had already commenced before the Act was pa

Click Here to Read the rest of this document