RAMESH SINGH AND ANR. versus CINTA DEVI AND ORS.

RAMESH SINGH AND ANR. versus CINTA DEVI AND ORS.

The right to appeal under the Old Act crystalises at the time of institution of the claim, and such vested right is not affected by the repeal; the appellant may file appeal without deposit under Section 173 of the New Act.

Parties
Appellant: Ramesh Singh and Anr.; Respondent: Cinta Devi and Ors.
Jurisdiction
India
Judgment Date
23 February 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 11.10.93 of the Patna High Court in M.a. No. 252 of 1992
Outcome
Appeal allowed
Legal Topics
Right of Appeal, Retrospective Application, Repeal of Statutes
Motor Vehicles Law Statutory Interpretation Right of Appeal Retrospective Application Repeal of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Ramesh Singh and Anr.

Appellant

Cinta Devi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 11.10.93 of the Patna High Court in M.a. No. 252 of 1992

Legal Issues

  1. 1 Whether the right of appeal under the Motor Vehicles Act, 1939 survives after its repeal by the Motor Vehicles Act, 1988
  2. 2 Whether the claimant is required to make a deposit under proviso to Section 173 of the Motor Vehicles Act, 1988 for appeals instituted under the Old Act

Ratio Decidendi

The right to appeal under the Old Act crystalises at the time of institution of the claim, and such vested right is not affected by the repeal; the appellant may file appeal without deposit under Section 173 of the New Act.

Court Disposition

Appeal allowed

Orders

  • The impugned judgment of the High Court dismissing the appeal is set aside
  • The matter is remanded to the High Court for disposal of the appeal in accordance with law without insisting on deposit of the amount