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MEERA v. DIAS


Meera V. Dias

1957 Present: H. N. G. Fernando, J.

M. U. R. C. MEERA,
Petitioner, and N. Q. DIAS

(Controller of Immigration and Emigration) et al.,
Respondents

S. C. 198-Application for a Writ of Certiorari and for a Writ of
Mandamus

Immigrants and Emigrants Act, No. 20 of 1948-Sections 10 and 14 (3) (b)-Effect thereon of Amending Act No. 16 of 1955, ss. 7, 26 (1)-Constitution Order in Council, 1946, s. 29 (2)-Interpretation Ordinance (Cap. 2), s. 6 (3) (b).

A non-citizen holding a temporary residence permit issued under the Immigrants and Emigrants Act No. 20 of 1948 is precluded by section 10 of that Act, as amended by Act No. 16 of 1955, from having it renewed or extended, although, prior to the date of the Amending Act, he would have been entitled to the renewal or extension of the permit under section 14 (3) (b) of the principal Act. The amended section 10 of the Immigrants and Emigrants Act is not ultra vires of the Legislature as being in conflict with the provisions of section 29 (2.) of the Constitution Order in Council.

The right conferred by the former section 14 (3) (b) of the principal Act cannot properly be deemed to be a " right acquired " wi























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