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Interpretation of the impact of a Privy Council judgment on a previous majority decision regarding the special rule of limitation under the Bengal Tenancy Act. Analysis: The judgment involves a difference of opinion regarding the impact of a Privy Council decision on a previous majority ruling concerning the special rule of limitation under the Bengal Tenancy Act. The primary issue revolves around whether the Privy Council judgment in Soni Ram v. Kanhaiya Lal affects the earlier decision in Manjhoori Bibi v. Akel Mahumed. The majority decision in Manjhoori Bibi's Case concluded that the special rule of limitation did not apply to under-raiyats dispossessed in 1898 and filing a suit for recovery in 1908. However, the Privy Council judgment in Soni Ram v. Kanhaiya Lal dealt with the general law of limitation under Act XIV of 1859 and Act XV of 1877, specifically concerning the redemption of a mortgage. The High Court stated that the Privy Council's approval of the law in Soni Ram's case did not directly impact the decision in Manjhoori Bibi's Case as they involved different Acts and circumstances. The judgment delves into the principle that legislative intent to deprive vested rights without compensation should be clearly expressed. It references legal precedents emphasizing that vested rights, including the right to sue, should not be taken away by legislative amendments unless explicitly stated. The Court cited cases like The Commissioner of Public Works v. Logan and Jackson v. Woolley to support the notion that statutory construction should not arbitrarily strip individuals of vested rights. Justice Williams highlighted the need for strong statutory language to diminish vested rights, indicating a high threshold for such legislative actions. The Court analyzed the amended provisions of the Bengal Tenancy Act in question and concluded that the plaintiff had a vested right of suit at the time of the amendment's passing. They determined that the amended law should not be construed to forfeit vested rights unattainable due to impossible conditions. The Court differentiated between cases where compliance with the amended provisions was feasible and where it was unattainable, asserting that the amendment should only apply to the former. Consequently, the Court held that the Privy Council judgment did not affect the majority decision in Manjhoori Bibi's Case concerning the specific position where compliance with the amended law was impossible. The judgment focused solely on the question of limitation and reinstated the Munsif's decree with costs throughout, emphasizing the preservation of vested rights and the application of laws based on practical feasibility. In conclusion, the judgment clarifies the limited impact of the Privy Council decision on the earlier majority ruling, emphasizing the protection of vested rights and the interpretation of legislative amendments in light of practical application and feasibility.
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