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This Court is bound to take notice of the change in the law

Started by bpagrawal, March 31, 2013, 06:38:37 PM

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bpagrawal

This Court was bound to take notice of the change in the law
Mr. Maneksha says that, at the date when the suit was filed, the defendants had a right with regard to the land at Vikhroli to have the suit heard in the District Court of Thana and he cannot be deprived of that right by subsequent legislation. Now, as I said before, the defendants have no vested right in any particular forum. This Court was bound to take notice of the change in the law and was bound to administer the law as it was when the suit came on for hearing. Therefore, if the Court had jurisdiction to try the suit when it came on for disposal, it could not refuse to assume jurisdiction by reason of the fact that it had no jurisdiction to entertain it at the date when it was instituted.

Bombay High Court
Shiv Bhagwan Moti Ram Saraoji vs Onkarmal Ishar Dass And Ors. on 8 October, 1951
Equivalent citations: AIR 1952 Bom 365, (1952) 54 BOMLR 330
Author: Chagla
Bench: Chagla, Bhagwati
//http://www.lawweb.in/2013/03/this-court-was-bound-to-take-notice-of.html