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Raja Kulkarni And Others vs The State Of Bombay on 24 November, 1953

It is not denied that those proceedings were initiated by a competent authority. Those- proceedings were quashed for the reason that notice under section 34 of 1922 Act was issued beyond the time prescribed by law. Hence it cannot be said that no proceeding under section 34 of the 1922 Act either factually or legally was pending at the time when the new Act came into force. Our above conclusion receives support from the decision of this Court in Raja Kulkarni and others v. The State of Bombay(1). Therein the question that arose for decision was whether an appeal under section 24 of the Industrial Disputes Act, 1950 can be said to have been pending if that appeal was incompetent or invalid for some reason. This Court ruled that what was necessary was the factual pendency of the appeal and not that it should have been a valid or competent one under the provisions of the limitation Act or such other adjectival law.
Supreme Court of India Cites 26 - Cited by 98 - G Hasan - Full Document
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