Ram Pratap And Others vs Gulab on 25 July, 2013
Moreover, the settled legal position is that it must not be forgotten that a matter has to be decided as per law existing on that date. The Hon'ble Apex Court in the case of Union of India & ors. v. Indian Charge Chrome and anr. (1999) 7 SCC 314 has clearly held that the law which is to be applied in the case if the law prevailing on the date of decision making. In a catena of decisions the Hon'ble Apex Court has reiterated the settled legal position that the matter has to be decided on the basis of law existing on the date of decision and not on the basis of the law prevailing on the date of initiation of proceeding. Since second appeal is a substantive remedy it is continuation of proceeding. Recently, in Ravi Shankar Tripathi v. Board of Revenue, [2007 (2) AWC 1327] a Division Bench of this Court has exhaustively dealt with this legal position.