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1952 (10) TMI 37 - SC - Indian Laws

Issues:
1. Validity of payment orders in the liquidation of two companies.
2. Requirement of a certificate for appeal from a single Judge's order.
3. Retroactive effect of a subsequent change in the law on the right of appeal.

Analysis:
1. The judgment concerns the liquidation of two companies, Marwari Chamber of Commerce Ltd. and Aggarwal Chamber of Commerce Ltd. Various payment orders were issued by the Liquidation Judge, leading to appeals and modifications in the High Court and Judicial Committee. Discrepancies in payment amounts and removal of contributory names were contested through multiple levels of appeal, resulting in differing outcomes for the companies involved.

2. In Civil Appeal No. 152 of 1951, an amendment application was made to correct a clerical error in the payment order. The appellant argued that no certificate from the Single Judge was required for appeal, citing the governing law of Patiala States Judicature Farman Shahi. However, the Court held that the amendment petition was an independent proceeding subject to the law prevailing at the time, which mandated a certificate for appeal from a single Judge's order. The appeal was dismissed for lack of a certificate, affirming the High Court's decision.

3. In Appeals Nos. 167 and 167A of 1951, the issue revolved around the retroactive effect of a subsequent law change on the right of appeal. Despite the High Court's initial ruling that the appeals were not competent due to a change in the law requiring a certificate for appeal, the Supreme Court disagreed. The Court interpreted the transitory provision in the law as not intending to retrospectively take away vested rights of appeal. Consequently, Appeals Nos. 167 and 167A were allowed, overturning the High Court's decision, while Appeal No. 152 of 1951 was dismissed with costs throughout.

In conclusion, the Supreme Court clarified the necessity of a certificate for appealing a single Judge's order and interpreted the transitory provision in the law to preserve the right of appeal without retrospective deprivation. The judgment serves as a significant legal precedent on the procedural requirements for appeals in liquidation cases and the impact of subsequent legal changes on vested rights of appeal.

 

 

 

 

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