DEWAJI versus GANPATLAL

DEWAJI versus GANPATLAL

Sections 16, 16A, and 16B of the Berar Regulation of Agricultural Leases (Amendment) Act, 1953, do not apply to pending proceedings, especially pending appeals, and do not bar civil court jurisdiction in such cases. The words in the statute do not indicate retrospective application. Interlocutory orders by a single judge can be reviewed on appeal to the Letters Patent Bench.

Parties
Appellant: Dewaji; Respondent: Ganpatlal
Jurisdiction
India
Judgment Date
06 August 1968
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Letters Patent Bench Decision
Outcome
Appeal dismissed
Legal Topics
Agricultural Tenancy, Jurisdiction of Civil Courts, Retrospective Effect of Statutes, Interlocutory Orders
Land Law Civil Procedure Agricultural Tenancy Jurisdiction of Civil Courts Retrospective Effect of Statutes Interlocutory Orders

Case Brief

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Parties

Dewaji

Appellant

Ganpatlal

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Letters Patent Bench Decision

Legal Issues

  1. 1 Whether Berar Regulation of Agricultural Leases (Amendment) Act, 1953 bars jurisdiction of civil courts in pending appellate proceedings
  2. 2 Whether the 1953 Act applies to appellate proceedings pending when the Act came into force
  3. 3 Jurisdiction of Letters Patent Bench to reconsider interlocutory orders by single judges

Ratio Decidendi

Sections 16, 16A, and 16B of the Berar Regulation of Agricultural Leases (Amendment) Act, 1953, do not apply to pending proceedings, especially pending appeals, and do not bar civil court jurisdiction in such cases. The words in the statute do not indicate retrospective application. Interlocutory orders by a single judge can be reviewed on appeal to the Letters Patent Bench.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs