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Damodar Prasad vs The State Of Bihar And Ors. on 19 April, 1978 cites

Hoosein Kasam Dada (India) Ltd vs The State Of Madhya Pradesh And Others on 23 February, 1953

The forum of appeal that the statute provided at the time of the initiation of the proceeding would endure to his benefit notwithstanding any change, unless the change is made retrospective from the date of the initiation of the proceeding As held earlier, the new Section 11 has been made to operate retrospectively. Therefore, the petitioner's right of his appeal before the District Judge subsists. The District Judge was therefore clearly in error in view of the Section 11, the appeal to the Collector. The view we have taken is supported by a decision of the Supreme Court in the case of Hoosein Kasam Dada (India) Limited v. The State of Madhya Pradesh and Ors. wherein the law on the subject has been firmly laid down, after consideration of various authorities on the point, in the following passage:
Supreme Court of India Cites 14 - Cited by 199 - M C Mahajan - Full Document

Janardan Reddy And Others vs The State Of Hyderabad And ... on 16 March, 1951

"The above decisions quite firmly establish and out decisions in Janardan Reddy v. The State and in Ganpat Rai v. Agrawal Chamber of Commerce Ltd uphold the principle that a right of appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court.
Supreme Court of India Cites 30 - Cited by 155 - S S Ali - Full Document

Ganpat Rai Hiralal And Another vs Aggarwal Chamber Of Commerce ... on 24 October, 1952

"The above decisions quite firmly establish and out decisions in Janardan Reddy v. The State and in Ganpat Rai v. Agrawal Chamber of Commerce Ltd uphold the principle that a right of appeal is not merely a matter of procedure. It is a matter of substantive right. This right of appeal from the decision of an inferior tribunal to a superior tribunal becomes vested in a party when proceedings are first initiated in, and before a decision is given by the inferior Court.
Supreme Court of India Cites 1 - Cited by 45 - N C Aiyar - Full Document

Mukund Ram Tanti vs S.I. Raza, Registrar, Trade Unions And ... on 12 January, 1962

7. Learned Standing Counsel, appearing on behalf of the Respondents, however, has urged that the petitioner, having taken a chance of a favourable order from the Collector and having submitted to his jurisdiction, was estopped from challenging the jurisdiction, if the result of the order happened to be against him. He has relied upon a Bench decision of this Court in the case of Mukund Ram Tanti v. Registrar, Trade Unions, Bihar and Ors. . There is no substance in this contention of the Learned Standing Counsel, The District Judge transferred the appeal to the Collector suo motu and in the order sheet of the appeal, which has been filed as Annexure '3', there is no specific order of the District Judge transferring the appeal, and the fact that it has been so transferred appears from the order dated the 22nd May, 1976 of the Collector. The appeal has neither been filed by the appellant before the Collector nor it has been transferred to the Collector at the instance or even after hearing the petitioner. The appeal lay before the District Judge and he had no jurisdiction at that point of time to transfer the appeal to the Collector nor the Collector had any jurisdiction to hear appeals already pending before the District Judge.
Patna High Court Cites 9 - Cited by 14 - V Ramaswami - Full Document
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