RAMZAN DARZI Vs. MST AZIZI

JUDGEMENT

(1.) (MAJORITY View): The following important question of law of general importance arising in the above noted four cases has been referred to this Bench for determination :

(2.) FOR a proper determination of this question it is necessary to refer to Section 2 of the Amending Act which provides: In Section 145 of the Code of Criminal Procedure, Samvat 1989 (hereinafter referred to as the Principal Act):

(3.) IT is now well settled that where the repeal or amendment of any Act or provision of a Statute relates to only procedure the Amendment must, unless it is specifically provided, be presumed to be retrospective as no one has a vested right to a particular procedure being adopted in any proceeding. This rule of construction has been held not to apply to cases where rights vested in or accrued to the parties are affected by a repeal or Amendment of Statute even if it relates to procedural law.