9911796707
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Issues:
1. Interpretation of Section 174(5) of the Ben. Ten. Act regarding retrospective application. 2. Whether the provision in question affects a substantive right or is merely procedural. Analysis: 1. The judgment revolves around the interpretation of Section 174(5) of the Ben. Ten. Act and its retrospective application. The case involved an appeal arising from rent execution proceedings where the petitioner sought to set aside a sale but was dismissed for default. The District Judge refused to entertain the appeal due to non-compliance with the deposit requirement under the amended Section 174. The key issue was whether this provision should be given retrospective effect. The Court deliberated on whether the provision affects substantive rights or is procedural in nature, as this determination would impact its retrospective application. 2. The judges analyzed whether the provision in question affects substantive rights or is procedural. The petitioner argued that the amendment imposing a deposit condition for appeal admission hindered the substantive right of appeal. The Court agreed, emphasizing that the right of appeal is substantive and not merely procedural. Citing precedents, including the Colonial Sugar Refining Company case and Delhi Cloth and General Mills Co. case, the Court reiterated that provisions impacting existing rights should not apply retrospectively without express enactment or necessary intendment. The Court concluded that the amendment imposing a deposit condition restricted the previously unhindered right of appeal, thus affecting substantive rights and necessitating a prospective application. 3. The judges highlighted that the amendment's lack of explicit retrospective language indicated a prospective application. They rejected the argument that imposing conditions on the right of appeal did not amount to taking away the right, emphasizing that any new restriction on an existing right constitutes a substantive change. Consequently, the District Judge's refusal to admit the appeal based on the amended provision was deemed erroneous, and the Court directed the appeal to be heard on its merits. The judgment clarified the distinction between procedural and substantive rights, emphasizing the need for clear legislative intent for retrospective application in cases affecting substantive rights.
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