AI Overview...
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Retrospective Effect of Article 133(1) - Article 133(1), as amended, has been given retrospective effect, thereby affecting the right of appeal to the Supreme Court. The 30th Amendment narrowed the appellate jurisdiction, making the retrospective application significant for pending and future cases. GOPI KRISHAN KHANNA VS KAILASH WATI - Delhi
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Vested Right of Appeal - Multiple sources clarify that prior to amendments, parties had a vested right of appeal under Article 133(1). However, the retrospective effect of amendments has limited or altered this right, especially after the 30th Amendment, which narrowed the scope of appeals. The courts have held that such rights cannot be arbitrarily taken away retroactively unless expressly provided. Narayan Prasad Sukul VS Raj Kishore Misra - Patna, GOPI KRISHAN KHANNA VS KAILASH WATI - Delhi, Garikapati Veeraya VS N. Subbiah Choudhry - Supreme Court, NANDLAL GANPATSAO VS HIRALALSAO GANPATSAO - Nagpur, Thakur Madan Singh VS Collector, Sikar - Rajasthan
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Judicial Interpretation of Retrospectivity - Courts have generally held that Article 133(1) was not made retrospective either expressly or by necessary intendment, and thus, the right of appeal existing before the amendments remains protected unless explicitly abolished. The jurisdiction of the Federal Court prior to the Constitution's commencement was also considered in determining the scope of vested rights. NANDLAL GANPATSAO VS HIRALALSAO GANPATSAO - Nagpur, Garikapati Veeraya VS N. Subbiah Choudhry - Supreme Court, GOPI KRISHAN KHANNA VS KAILASH WATI - Delhi
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Impact of Amendments and Legislation - Amendments such as the 30th Amendment have significantly narrowed appellate jurisdiction, and retrospective amendments to procedural rules (e.g., Bombay Sales Tax Rules) have been upheld as valid, provided they are reasonable and not arbitrary. However, retrospective operation of laws that affect vested rights without clear provision is generally deemed invalid. TATA ENGINEERING & LOCOMOTIVE COMPANY LIMITED VS STATE OF MAHARASHTRA - Bombay
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Legal Principles on Retrospective Laws - The general principle is that laws affecting vested rights, especially rights of appeal, are not to be given retrospective effect unless explicitly stated. The abolition of jurisdiction or rights under laws like the Privy Council Jurisdiction Act, 1949, and amendments to procedural rules have been scrutinized to ensure they do not infringe constitutional protections. BHAGWANTRAO SHIWAJI VS VISWASRAO AMRITRAO - Nagpur, Hansraj Moolji VS State Of Bombay - Supreme Court, Thakur Madan Singh VS Collector, Sikar - Rajasthan
Analysis and Conclusion
The collective insights indicate that while the Constitution allows for amendments affecting appellate jurisdiction, courts have emphasized that rights of appeal that vested prior to such amendments are protected unless the law explicitly states otherwise. The retrospective application of amendments, especially those narrowing appellate rights, is permissible only if clearly intended by the legislature. In this context, amendments like the 30th Amendment have curtailed the scope of appeals, but courts have maintained that vested rights existing before such amendments are protected unless explicitly abolished. Overall, the jurisprudence underscores a cautious approach to retrospective laws impacting vested appellate rights, balancing legislative intent with constitutional protections.
References: - GOPI KRISHAN KHANNA VS KAILASH WATI - Delhi - ASSOCIATED CEMENT COMPANIES LTD. , CEMENT HOUSE, 121 MAHARSHI KARVE ROAD, BOMBAY VS STATE OF BIHAR - Patna - Narayan Prasad Sukul VS Raj Kishore Misra - Patna - NANDLAL GANPATSAO VS HIRALALSAO GANPATSAO - Nagpur - Garikapati Veeraya VS N. Subbiah Choudhry - Supreme Court - BHAGWANTRAO SHIWAJI VS VISWASRAO AMRITRAO - Nagpur - Hansraj Moolji VS State Of Bombay - Supreme Court - TATA ENGINEERING & LOCOMOTIVE COMPANY LIMITED VS STATE OF MAHARASHTRA - Bombay - Gundapuneedi Veeranna VS Gundapuneedi China Venkanna - Madras - Thakur Madan Singh VS Collector, Sikar - Rajasthan
Search Results for "Federal Constitution Read Retrospective"
1973 0 Supreme(Del) 255 • India - Delhi
PRAKASH NARAIN, R.N.AGGARWAL
Article 133 (1) of the Constitution, as amended, has been given retrospective effect and now a right of appeal to the Supreme Court ... Whether the petitioners have a vested right of appeal to the Supreme Court under Article 135 of the Constitution? 2. ... The 30th Amendment to the Constitution has substantially narrowed down the appellate jurisdiction of the Supreme Court in appeals ... In view of the amendment this distinction no longer exists and Article 133 has been given retrospective effect. ... ....
1978 0 Supreme(Pat) 221 • India - Patna
S.K.JHA, UDAY SINHA
304 of the Constitution. ... proviso to Clause (b) of Article 304 of the Constitution. ... proviso to Clause (b) of Article 304 of the Constitution. ... The Indian Constitution has made taxing powers of the Union and the States mutually exclusive. Some of the difficulties which have arisen in some federal constitutions from overlapping powers of taxation have been sought to be avoided. ... the trade and business resulting in an infraction of Article 301 read with Arti....
1953 0 Supreme(Pat) 37 • India - Patna
B.P.JAMUAR, V.RAMASWAMI
CIVIL PROCEDURE CODE, 1908 - SECTION 110 - RIGHT OF APPEAL - VESTED RIGHT - RETROSPECTIVE EFFECT OF ARTICLE 133(1) OF THE CONSTITUTION ... The court also held that Article 133(1) of the Constitution did not have retrospective effect and did not take away the right of ... with Article 135 of the Constitution. ... that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law." ... C., read#HL_....
1950 0 Supreme(Nagpur) 9 • India - Nagpur
HIDAYATULLAH, R.KAUSHALENDRA RAO
Ratio Decidendi: The court held that Article 133 is not made retrospective either expressly or by necessary intendment, and ... Indeed, by Article 395 read with Article 372(1) the Abolition of Privy Council Jurisdiction Act, 1949, is still on the Statute Book, and it must be held that the jurisdiction of the Federal Court under that Act still vests in the Supreme Court. ... Article 133 is not made retrospective either expressly or by necessary intendment, and an appeal which belonged to a party as of right in a pending ....
1957 0 Supreme(SC) 13 • India - Supreme Court
B. P. SINHA, P. N. BHAGWATI, S. R. DASS, T. L. VENKATARAMA AYYAR
COURT UNDER THE THEN EXISTING LAW BEFORE THE CONSTITUTION - VESTED RIGHT OF APPEAL CANNOT BE TAKEN AWAY BY SUBSEQUENT ENACTMENT ... - FEDERAL COURT ABOLISHED BY REPEAL OF 133 OR 134, WHICH WERE EXERCISABLE BY FEDERAL ... Federal Court immediately before the commencement of the Constitution. ... Federal Court immediately before the commencement of the Constitution. ... It cannot apply to the Federal Court, which ceased to function under the ....
1953 0 Supreme(Nagpur) 17 • India - Nagpur
SINHA, HIDAYATULLAH
the Constitution. ... preserved by Article 135 of the Constitution. ... CONSTITUTION OF INDIA - ARTICLE 133 - APPEAL - RIGHT OF APPEAL - VESTED RIGHT - ABOLITION OF PRIVY COUNCIL JURISDICTION ACT, 1949 - FEDERAL ... The words "were exercisable by the Federal Court" are wide enough, not only to cover such cases as were before the Federal Court on the commencement of the Constitution, but also such cases as would have gone to the Federal Court under the existing law but....
1957 0 Supreme(SC) 18 • India - Supreme Court
B.JAGANNATHA DAS, J.L.KAPUR, P.GOVINDA MENON, P.N.BHAGWATI, SYED JAFAR IMAM
There is nothing to justify such retrospective operation. ... It may be noted that the Act envisaged the establishment of the Federation of India, Part II, chap. 3 provided for the constitution of the Federal Legislature which was to consist of two chambers known respectively as the Council of States and the House of Assembly. ... The appellant applied to the High Court for a certificate under Art. 134(1) (c) of the Constitution. The said application was however dismissed by the High Court with the result that he applied....
1997 0 Supreme(Bom) 278 • India - Bombay
A.P.SHAH, B.B.VAGYANI
Validity of retrospective amendment of rule 41D. 2. ... The retrospective amendment of rule 41D by the Bombay Sales Tax (Third Amendment) Rules, 1983 is valid. 2. ... SALES TAX - BOMBAY SALES TAX ACT, 1959 - Retrospective amendment of rule 41D - Validity - Set-off under rule 41D before transfer ... Re. point (d) : ... Shri Jetley submits that retrospective operation of the amending Act of 1989 is unreasonable, arbitrary and violative of articles 14 and 19(1)(g) of the Constitution. ... No restriction h....
1952 0 Supreme(Mad) 325 • India - Madras
VENKATARAMA AYYAR, P.V.RAJAMANNAR, CHANDRA REDDY
Practice - Right of appeal-Right of appeal to the existing Federal Court how far kept alive. ... by the Federal Court immediately before the commencement of the Constitution under an existing law. ... One exception is where by competent enactment such right of appeals is expressly or impliedly taken away with retrospective effect. ... But we find no provision made as regards proceedings by way of appeal or otherwise not pending in the Federal Court at the commencement of the Constitution#HL_EN....
1953 0 Supreme(Raj) 76 • India - Rajasthan
WANCHOO, SHARMA
been substituted* make statute retrospective. ... of their offices and not by their personal names (Para 17) ... The Constitution ... (h) Amending Enactments—Amendment with retrospective effect— Apply to pending cases unless saved. ... would be against the spirit of the Constitution. ... It was held that— ... "The regulation of municipal corporations is a matter peculiary within the domain of State control; that the State is not compelled by the Federal Constitution to grant to all its....
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