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PETITIONER: SETH GULAB CHAND
Vs.
RESPONDENT: SETH KUDILAL AND ANOTHER
DATE OF JUDGMENT: 28/03/1958
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1958 AIR 554 1959 SCR 313
ACT: Statute, Construction of-Retrospective operation-Rule of presumption-Applicability-Duty of Court-Reference to Pre- existing law, if and when permissible-Right of appeal-United State of Gwalior, Indore and Malwa (Madhya-Bharat) High Court of Judicature Act, VIII of 1949, SS. 2(b), 25.
HEADNOTE: The rule that a statute is not to have retrospective 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 operation, there can be no scope for applying the rule of presumption against retrospective operation. The rule does not require that the Courts should be obdurate in refusing to give a statute retrospective operation, equally it does not justify the reading of more words than there are into the statute in order that the rule may apply. Delhi Cloth and General Mills Co. Ltd. v. Income Tax Com- missioner, Delhi, (1927) L. R. 54 I.A. 421, Smith v. Callander, (1901) A.C. 297 and Reid v. Reid, L.R. (1886) 3I Ch. D. 402, con...