NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Member of the Board who heard the petition in these two revision matters, referred the following question for the opinion of this Bench: - "in land ceiling cases which were pending on the day the Rajasthan Imposition of Ceiling on Agricultural Holdings Ordinance 1973 was promulgated, is the Board competent to continue to hear and to decide revisions in accordance with the law repealed by sec. 40 of the Ordinance and, if not, how are such cases to be disposed of?"

(2.) BEFORE we proceed to discuss the arguments advanced by the learned counsel for the parties and other members of the Bar who appeared for assisting the Bench in deciding the important question of law arising out of this reference, we propose to narrate, the circumstances leading to these revisions.

(3.) SHRI Shiv Narain Singh said that no one has a vested right in procedure and as such laws governing procedure have a retrospective effect while substantive laws even when repealed, determine the right of the parties as they existed before the repeal unless the repealing Act takes away such rights.