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It is, therefore,clear that section 7 affects pre-existing rights bygiving, in effect,retrospective operation to section4 which has sub-stituted, inter alia, the new section 37 for the old section 37 of the Act of 1859. Further, every decree passed or order made before the commencement of the amending Act for the ejectment of any person from land in pursuance of old section 37 is likewise to become void if such decree or order could not'have been validly passed or made if the 625 amending Act had been in operation at the date of the decree or order.

, that right, by reason of the wide sweep of exception (b), has, for all practical purposes, ceased to exist. In other words, out of the bundle of rights constituting the ownership acquired by him under the old section 37, an item of important right has been taken away, thereby abridging or restrictin. If the Government finds that the detention of the petitioners is necessary up to 31st March, 1952, it can give effect to that intention in these cases by issuing a fresh order of deten- tion.

or eject the under-tenants. It is possible and even probable that had the Government on receipt of the report of the Advisory Board applied its mind and come to a decision on the point, it might well have fixed the duration of the detention at a point of time that would have expired by now, though it is also likely that it might not have expired by now. Settlement of disputes. When the subject matter of the instant cases is examined in the aforesaid hue, it becomes apparent that providing social security to the NRI legal services (click here to investigate) profession becomes an essential part of any NRI legal services system which has to be effective, efficient and robust to enable it to provide necessary service to the consumers of justice.

Accordnig to that section every suit or proceedings for ejectment under old section 37 and every appeal or application for review or revision arising out of such suit or proceeding pending at the commencement of the amending Act is to abate if the suit, proceeding, appeal or application could not have been validly instituted, referred or made, had the amending Act been in operation at the date of such suit, proceeding, appeal or application.

The subsequent conduct of the Government in resisting these petitions is not relevant in this enquiry in the absence of an order as prescribed by the statute. - (1) The Central Registrar may, on receipt of the reference of dispute under section 74,- (a) elect to decide the dispute himself, or (b) transfer it for disposal to any other person who has been invested by the Central Government with powers in that behalf. The onus of establishing affirmatively that the detention of these petitioners is lawful at the present moment rests on the detaining authority and in the circumstances it has to be held that this onus remains undischarged.

Although the opening part of the new section 37 purports to give to the purchaser the right to avoid and annul the tenures etc. In our opinion, after the 517 decision arrived at concurrently, by both the courts below on the merits of the case, it was beyond the scope of a suit framed under section 92, Civil Procedure Code, to give the plaintiffs a bare declaration of this character and make it a part of the decree, although the suit itself was dis- missed. In such a situation when the matter is in doubt it is not right to hold that the detention of the petitioners at the present moment is lawful.

A cursory comparison of the language of the old section 37 with that of the new section 37 will at once make it clear that the substantial right given by the old sectionto the purchaser to avoid and annul under-tenuresand to eject under-tenants is no longer availableto him under the new section 37. The next question that falls to be determined and which is of some difficulty, is whether failure to fix the period makes the detention illegal.

The respondent, Subodh Gopal Bose, contends that his fundamental right, under article 19(1)(f) of the Constitution, namely his right to hold, that is to say, his right to enjoy and exercise the full rights NRI legal services - you can look here, of ownership in relation to the property acquired by him under the old section 37 has been I violated and, therefore, section 7 which operates retrospectively and gives retrospective operation to the new section 37 is ultra vires the Constitution and is void under article 13(1). After considerable thought I have reached the conclusion that the nondetermination by Government of the period of the continuance of the detention operates prejudicially against the detenus and makes the detention illegal.

Section 76 of the CF Act and the impugned notification vide which additional court fee is imposed have a direct nexus to the objective sought to be achieved in relation to the service available to the appellants or others who approached the courts/tribunals for redressal of their grievances. The new section 37 does not deprive the purchaser of the physical property, namely, the estate purchased at the revenue sale and he continuesto be the owner of that property and can exerciseand enforce all the rightes which his ownership giveshim, except that he cannot, by reason of the new section 37, avoid or annul the under-tenures etc.

The proviso, however, saves -decrees or orders in execution whereof possession had been delivered before the commencement of the amending Act. Section 7 of the amending Act, the validity whereof is challenged before us, in terms, affects preexisting rights. We have been taken through the entire evidence by the learned counsel on both sides; but having regard to the view which we propose to take in this case we deem it unnecessary to record any finding as to whether the properties in suit do or do not appertain to a public charitable trust.