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The New India Assurance Co. Ltd. Vs. Ramesh Kalita and ors.

Court : Guwahati

..... it is also a well recognised principle that a statute is not properly called a retrospective statute because a part of the requisite for its action is drawn from a time antecedent to its passing.24 ..... state of andhra pradesh : air1986sc210 was also cited where it was held that:while it is a general rule of law that statutes are not to operate retrospectively, they may so operate by express enactment, by necessary implication from the language implied or where the statute is explanatory or declaratory or where the statute is passed for the purpose of protecting the public against some evil or abuse or where the statute engrafts itself upon existing situations etc etc. ..... in maxwell on the interpretation of statutes, 11th edition at page 204.section 4 - 'retrospective operation', it is said:upon the presumption that the legislature does not intend what is unjust rests the leaning against giving certain statutes a retrospective operation.at page 211, it is stated;nor is a statute retrospective in the sense under consideration because a part of the requisite for its action is drawn from a time antecedent to its passing ..... in craies on statute law seventh edition at page 396 under the head 'statutes passed to protect the public sometimes held retrospective', it is stated 'if a statute is passed for the purpose of protecting the public against some evil or abuse, it may be allowed to operate retrospectively, although by such operation it will deprive some person or persons of a vested right .....

Controller of Estate Duty Vs. N.A. Merchant

Court : Gujarat

Reported in : [1975]101ITR270(Guj)

..... . at page 389 it has been pointed out : 'it is obviously competent for the legislature, in its wisdom, to make the provisions of an act of parliament retrospective and no one denies the competency of the legislature to pass retrospective statutes if they think fit, and many times they have done so, but, before giving such a construction to an act of parliament, one would require that it should either appear very clearly in the ..... terms of the act or arise by necessary and distinct interpretation, and perhaps no rule of construction is more firmly established than this - that a retrospective operation is not to be given to a statute so as to impair an existing ..... ., but a statute 'is not properly called a retrospective statute because a part of the requisite for its action is drawn from ..... . again maxwell has pointed out a page 218 the circumstances in which the presumption against retrospective operation has been applied : 'the rule of presumption against retrospective operation has been applied chiefly in cases in which the statute in question, if it operated retrospectively, would prejudicially affect vested rights or to legality of past transactions, or would impair contracts or would impose new duties or attach new .....

Management, National Productivity Council Vs. S.N. Kaul

Court : Delhi

Reported in : ILR1969Delhi509; (1969)IILLJ186Del

..... the following words :- 'itwas said that the operation of the statute was confined to persons who had become widows after the act was passed and that the presumption against retrospective statute being intended supported this construction but we have before shown that the statute is in its direct operation prospective, as it relates to future removals, only, and that it is nto properly called a retrospective statute because a part of the requisites for its action is drawn from ..... retrospective statute alters pre-existing substantive rights and can have effect from before the date of its ..... emerge from the decisions refered to hereinbefore :- (1)section 2(k) of the industrial disputes act, construed literally and in isolation, may take within its sweep a dispute between a single workman and his employer but when the statute is taken by its four-corners and read in the light of the general policy underlying it, a dispute between an employer and an employee cannto itself be treated as an industrial dispute unless expensed by the union of workmen or by a number of workmen ..... is why a statute is nto to be construed retrospectively unless there are clear words or other indications in it which compels the conclusion that its application is retrospective. ..... a statute, having a retrospective application is clearly distinguishable from a statute which confers prospective benefit on the basis of antecedent ..... usual presumption against retrospective operation is nto applicable to declaratory statutes .....

Sonya Dagdu and anr. Vs. Manhu Dagadu and ors.

Court : Mumbai

Reported in : AIR1980Bom62; (1980)82BOMLR119; 1980MhLJ17

..... if legislative intention is to prejudicially affect such a right, the law must do so expressly or by obvious implication, as observed in craies on statute law, seventh edition, at page 389:'no one denies the competency of the legislature to pass retrospective statutes if they think fit, and many times they have done so, but before giving such a construction to an act of parliament one would require that it should either appear very clearly in the terms of the act or arise ..... by necessary and distinct interpretation, and perhaps no rule of construction is more firmly established than this -- that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation otherwise ..... as noted by maxwell:'it is a fundamental rule of english law -- same is the rule in india --that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the act, or arises by necessary and distinct ..... either case there is an interference with existing rights contrary to the well-known general principle that 'statutes are not to be held to act retrospectively unless a clear intention to that effect is,, manifested.'6. .....

Kangshari Haldar and anr. Vs. the State of West Bengal

Court : Supreme Court of India

Reported in : AIR1960SC457; [1960]2SCR646

..... it is possible both for prospective and retrospective statutes to contravene the provisions of that article. ..... 14 ; that the principle of the retrospective operation of a procedural statute is not available to by-pass the constitutional safeguard guaranteed by art. 14. ..... , seems to have been of the view that a retrospective operation even of a procedural statute is not permissible if such operation results in the statute offending art. ..... it is not necessary therefore to consider whether the act is prospective or retrospective or whether it concerns procedure or substantive rights. ..... 14; that there was no fundamental right to a particular procedure for trial and alterations in the procedural law were always retrospective unless the contrary was indicated. ..... he was of the view that the retrospective operation of the act, by which he meant the application of the procedure laid down in it to cases in respect of offences committed before the act the trial of which had not been concluded, did not offend art. ..... in fact it would not be easy or always possible for the legislature to prevent such an accidental escape of some cases from the provisions of a special statute for the reason that they had already been decided. .....

N. Chandrappa Vs. Registrar

Court : Karnataka

Reported in : ILR1990KAR1667; 1990(1)KarLJ107

..... but a statute 'is not properly called a retrospective statute because a part of the requisites for its action is drawn from a time ..... any vested right acquired under the existing laws, but only part of the requisites are drawn for its action from a time antecedent to its passing, it cannot properly be called 'retrospective statute'. ..... india, the petitioner has sought for a declaration that the provisions of sub-section (2) of section 33a of the karnataka state universities act, 1976 (hereinafter referred to as the 'act') are only prospective and not retrospective and that the terms of office held by the members of the authorities mentioned in section 20 of the act prior to the coming into force of karnataka act no .23/1986 shall not be taken into account ..... and cannot be taken into account for the purpose of applying sub-section (2) of section 33-a of the act and if it is done so, it would amount to giving effect to the provision of section 33a(2) of the act retrospectively because, according to the learned counsel for the petitioner, the term or terms of office held after the coming into force of sub-section (2) of section 33a of the act alone will have to be taken into account ..... while dealing with the subject 'retrospective enactments' at page 387, it is stated thus:'a statute is to be deemed to be retrospective, which takes away or impairs any vested right acquired under existing laws or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to .....

Shamanur Kallappa and Sons and ors. Vs. State of Karnataka, by Its Sec ...

Court : Karnataka

Reported in : (2004)189CTR(Kar)132; ILR2003KAR2140

..... however, a statute is not properly called a retrospective statute because a part of the requisite for its action is ..... apex court has stated as under 'we read in maxwell that it is a fundamental rule of english law that no statute shall be construed to have retrospective operation unless such a construction appears very clearly at the time of the act, or arises by necessary and distinct implication ..... has indicated as under: 'now it is a well settled rule of interpretation hallowed by time and sanctified by judicial decisions that unless the terms of a statute expressly so provide or necessarily require it, retrospective operation should not be given to a statute so as to take away or impair an existing right or create a new liability otherwise than as regards matters of procedure. ..... the learned counsel would further submit that even assuming that it is competent for the legislature to legislate retrospectively while enacting a taxing statute, the reasonableness of the legislation is always open for consideration of the courts and the legislation can always be ..... ) and reiterated in several decisions of this court as well as english courts is that 'ah statutes other than those which are merely declaratory or which relate only to matters of procedure or of evidence are prima facie prospective' and retrospective operation should not be given to a statute so as to affect, alter or destroy an existing right or create a new liability or obligation unless that effect cannot be avoided without .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... mary, whitechapel (1948) 12 qb 120, 127 : 17 ljmc 172 : 116 er 811, that a statute which is in its direct operation prospective cannot properly be called a retrospective statute because a part of the requisites for its action is drawn from time antecedent to its passing, which has received the approval of this court, does not mean that a statute which is otherwise retrospective in the sense that it takes away or impairs any vested right acquired under existing laws or creates a new obligation or imposes ..... to the land acquisition act 1894 by introducing section 23(1)(a) by the land acquisition (amendment) act 1984 on the cases which were pending reference before the reference court as on the date of commencement of the amendment act, held:a statute is regarded as retrospective if it operates on cases or facts coming into existence before its commencement in the sense that it affects, even if for the future only, the character or consequence of transactions previously entered into or all other past conduct. .....

Dev Raj Vs. the Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1974P& H65

..... but a statute is not properly called a retrospective statute because a part of the requisites for its action is drawn from a time antecedent ..... (fifth edition) at page 643, has dealt with this matter thus:'perhaps no rule of construction is more firmly established than this-that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation otherwise than as regards matter of procedure, unless that effect cannot be avoided without doing violence to the ..... the legal position as it emerges from the above discussion with regard to the effect of amending or a repealing statute may be summed up thus:a retrospective operation is not to be given to a statute so as to impair an existing right or obligation otherwise than as regards matter of procedure, unless that effect cannot be avoided without doing violence to the ..... 11 punj 1953, a division bench of this court dealing with the amendment of one of the clauses of section 13(3) of the east punjab urban rent restriction act, 1949, said:'it is correct that the intention to give retrospective operation to a statutes so as to make it applicable to pending actions need not be stated in express terms, necessary implication also is a recognised mode of expression. ..... promotion of cause of justice and of general good demand if, for the general rule of implication against retrospective operation of statutes impairing vested rights is founded only on grounds of justice and not on any statutory mandate of .....

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

..... 387 defines retrospective statutes in the following words: a statute is to be deemed to be retrospective, which takes away or impairs any vested right acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect to transactions or considerations already past. ..... in halsbury s laws of england, 4th edition, page- 570, paragraph-921, it is, inter alia, stated as follows - in general, however, court regarded as retrospective, any statute, which operates on cases or facts, coming into existence, before its commencement, in the sense that it affects even if for the future only, the character or consequences of transactions, previously entered into or of other past conduct .340. ..... a statute dealing with substantive rights differs from a statute which relates to procedure or evidence or is 102 (1994) 5 scc593420 declaratory in nature inasmuch as while a statute dealing with substantive rights is prima facie prospective unless it is expressly or by necessary implication made to have retrospective effect, a statute concerned mainly with matters of procedure or evidence or which is declaratory in nature has to be construed as retrospective unless there is a clear indication that such was not the intention of the legislature. .....