JIWANI KUMARI PARAKH Vs. M.S. RAM SINGH

JUDGEMENT

(1.) This is an application for a certificate for leave to appeal to the Supreme Court under Article 133(1)(a) and (c) of the Constitution of India before the recent amendment. It is urged before us that the application was made on April 28, 1972, before the amendment came into force on February 27, 1973. In the premises, the present application, according to the Applicants, would not be hit by the amended provisions of the Constitution.

(2.) We are unable to agree with this contention. Sec. 3(1) and (2) of the Constitution (Thirtieth Amendment) Act, 1972, runs thus:

(3.) It is well -known that while provisions of a statute dealing merely with matters of procedure may properly, unless that construction be textually inadmissible, have retrospective effect attributed to them, provisions which touch a right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment. Vide Delhi Cloth and General Mills Co. Ltd. v/s. Income -tax Commissioner Delhi and Anr., (1926) L.R. 54 IndAp 42.