Supreme Court of India
Pirthi v. Mohan Singh & Ors.
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What the Court ordered
We hold that amending Act 1 O of 1995 is not a . declaratory Act and, therefore, it has no retrospective operation.
Judgment, page 13
From the headnote
PUNJAB PRE-EMPTION ACT, 1913: c s .. 15 (as amended by Haryana Amendment Act 10 of 1995) - Right of pre-emption - Suit for pre-emption filed by co-sharer - During pendency of the suit s. 15 amended in 1995 ·- Suit dismissed by trial court - Judgment upheld by first appellate court and High Court -Held: Haryana 0 Amendment Act 10 of 1995 is not a declaratory Act and, therefore, it has no retrospective operation - The pre-emptor must have the right to pre-empt on the date of sale, on the date of filing of the suit and on the date of passing of the decree by the court of the first instance…
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