Judgment Search Results Home > Cases Phrase: retrospective statutes Court: patna Page 1 of about 193 results (0.020 seconds)

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... however, a statute is not properly called a retrospective statute because a part of the requisites for its action is drawn from a time antecedent to its ..... bingham, (1869) lr 4 ch app 735 did not consider it an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be construed, and said that the question in each case was whether the legislature had sufficiently expressed that ..... writes that the general rule of law that statutes are not operated retrospectively may be departed from (a) by express enactment and (b) by necessary implication from the language employed, and the author goes on to say : 'if it is necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such ..... and materially affect the terms of contracts between the parties; but the argument is that unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf no provision of a statute should be given retrospective operation if by such operation vested right are likely to be affected. ..... the presumption against retrospective operation is strong in cases in which the statute, if operated retrospectively would prejudicially affect vested rights or the illegality of the past transactions, or impair contracts or impose new duty or attach new disability in respect of past transactions or consideration .....

DulhIn Sundarpati Devi Vs. Ram Surat Koeri and ors.

Court : Patna

..... 44, at page 570, paragraph 922, it has been stated that the general rule is that all statutes, other than those which are merely declaratory or which relate to the matters of procedure or of evidence, are, prospective, and retrospective effect is not to be given to them unless, by express words or necessary implication, it appears that tills was the intention of ..... when the language of the statute is doubtful as to its operation and the statute touches right in existence at the time of the passing of the statute or deals with the substantive right, the rule that such provision does not have retrospective operation, will be applicable ..... commissioner, reported in air 1927 pc 242, held that the provisions of a statute, which deal with the procedure only, may have retrospective effect unless the construction is textually inadmissible. ..... not as if all efforts should be made so as not to give a statute retrospective operation whatever its language is. ..... further observed that the rule that a statute is not to have retrospective operation, is only applicable where it is doubtful from the language used whether the same was having retrospective operation or not. ..... however, if the statute takes away or affects a vested right, acquired under, the existing law or creates a new obligation or imposes a new duty in respect of transactions already passed, it should be presumed to be intended not to have retrospective effect unless the intention is manifested by the 'provision of the act either expressly .....

Syed Imteyaz HussaIn Vs. the Bank of Baroda and ors.

Court : Patna

..... learned counsel for the petitioner also submitted that in the scheme of 2004 (annexure 9), nowhere it is mentioned that the same will have any retrospective effect, whereas in the scheme of 2006 (annexure 13) retrospectivity has been vaguely mentioned as only in clause x(v) thereof it had been mentioned that the said scheme made on 03.03.2006 will come into ..... rule of construction of statute or statutory rule, as upheld in the aforesaid decisions of the hon'ble apex court, specifically provide that such statutes or rules are prospective in nature unless it is expressly made to have retrospective effect and if there is any provision of prospectivity in such statute or rule it has to be effected from the date of retrospectively fixed in those statutes or ..... cases where there is no provision in the scheme or the statute regarding retrospectivity only in those matters it cannot be effected retrospectively, but here in the instant case, there is specific provision in clause x(v) of the scheme of 2006, as well as in its covering letter dated 03.03.2006 making the rules effective retrospectively.10 ..... settled that no retrospective effect should be given to any statutory provision so as to impair or take away an existing right, unless the statute either expressly or by necessary implication directs that it should have such retrospective ..... of construction that every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... law which affects the rights of a citizen cannot have retrospective operation unless the statute so provides because the retrospective operation of the statute affects, alters or destroys any right acquired. ..... assessee further submitted that the amendment in section 29 to include section 43b with effect from 1-4-1989 could not be made retrospective and in any case if two interpretations were possible, then the interpretation in favour of the assessee should be adopted. ..... statute and particularly when the same has been made applicable with effect from a particular date, should be construed prospectively and not retrospectively ..... court has held in the case of jamshedpur motor accessories stores (supra) that the first proviso below section 43b is clarificatory and operative from assessment year 1984-85 retrospectively although the proviso was inserted by the finance act, 1987 w.e.f. ..... where it was held that a literal interpretation leads to an absurd or an unintended result, the language of the statute can be modified to accord with the intention of the parliament and to avoid absurdity. ..... provision does not affect or impair any right or create any obligation and relates to procedure only, it is deemed to be retrospective unless such an inference is likely to lead to absurdity. ..... well settled principles of interpretation of taxation laws that if more than one view is possible on the construction of taxing statute the one which leans in favour of the assessee should be accepted by the courts. .....

Dr. Lala Sumnendra Nath Vs. State of Bihar and ors.

Court : Patna

..... mahendran (supra), the apex court held as follows:it is well-settled rule of construction that every statute or statutory rule is prospective unless it is expressly or by necessary implication made to have retrospective effect. ..... in other words, the rule has been given retrospectively to the extent indicated above.15. ..... in the absence of any express provision or necessary intendment, rule cannot be given retrospective effect except in matter of procedure.11. ..... unless there are words in the statute or in the rule showing the intention to affect existing rights the rules must be held to be prospective. .....

Sameer Das and anr. Etc. Vs. Union of India (Uoi)

Court : Patna

..... all statutes must be interpreted as prospective in operation, unless retrospectivity is expressly declared by the statute or to be inferred as the necessary intendment from the language used in the statute. ..... it does not relate to law deemed to be in force by the retrospective operation of law subsequently made.thus the maximum sentence provided under the law in force at the time of the commission of the offence is rigorous imprisonment for five years and fine of rs. ..... consequently, despite retrospectivity, they ought to be applied to the cases pending before the court or even to cases pending investigation on the date on which the amendment act came into force. ..... as far as the amendments introduced in the ndps act, 1985, by act 9 of 2001 are concerned, section 41, in terms, says that the amending act would apply to all cases pending before the court or under investigation applied retrospectively. .....

Tata Iron and Steel Co. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Patna

..... general rule, unless it contains some special provisions to the contrary, after a temporary act has expired, no proceedings can be taken upon it, and it ceases to have any further effect.in jamander das the court observed:when a statute is repealed or comes to an automatic end by efflux of time, no prosecution for acts done during the continuance of the repealed or expired act can be commenced after the date of its repeal or expiry, because that would ..... observed:it is a far constitutional cry from this position to the other proposition that where parliament has power to enact on a topic actually legislates within its competence but, as an abbreviation of drafting, borrows into the statute by reference the words of a state act not qua state act but as a convenient shorthand, as against a longhand writing of all the sections into the central act, such legislation stands or falls on parliament's ..... apart from being retrospective in character, the statute can also be described as ..... by enacting the said section is not to validate the invalid state statutes, but to make a law concerning the cess covered by the said statutes and to provide that the said law shall come into operation retrospectively. ..... the submission that taking a total view of the circumstances of the validation act parliament did more than simply validate an invalid law passed by the bihar legislature but did re-enact it with retrospective effect in its own right adding an amending central act to the statute book.23. .....

Kandra Glass House and Baba Glass and Crockeries House Vs. Commissione ...

Court : Patna

..... 291, 'it is well settled that if a statute is curative or merely declaratory of the previous law, retrospective operation is generally intended. ..... 2 inserted by the finance act, 1989, with retrospective effect from 1st april, 1984?2. ..... ' in fact the amendment would not serve its object in such a situation, unless it is construed as retrospective.6. mr. ..... it has held the amendment inserting first proviso to be retrospective. .....

Ranjendra Pathak and ors. Vs. State of Bihar and ors.

Court : Patna

..... the legislative intent is ascertained either by express provision or by necessary implication, if the amended rules are not retrospective in nature the selection must be regulated in accordance with the rules and orders which were in force on the date of advertisement. ..... but it is equally well-settled that no retrospective effect should be given to any statutory provision so as to impair or take away an existing right, unless the statute either expressly or by necessary implication directs that it should have such retrospective effect. ..... it is true that the legislature may pass laws with retrospective effect subject to the recognised constitutional limitations. ..... if the recruitment rules are amended retrospectively during the pendency of selection, in that event selection must be held in accordance with the amended rules. ..... whether the rules have retrospective effect or not, primarily depends upon the language of the rules and its construction to ascertain the legislative intent. ..... he cannot be deprived of that limited right on the amendment of rules during the pendency of selection unless the amended rules are retrospective in nature.13. ..... in the present case exercised that power subsequent to august 18, 1975 on which date the amendment came into force, it cannot be said that the selection made by him was illegal since the amending law had no retrospective effect. .....

Mrs. Larley Vs. John @ Johny C.A.

Court : Patna

..... it is also well settled that while amendment in procedural law has a retrospective operation, any amendment affecting vested rights takes effect prospectively unless there are words in the statute sufficient to show that the intention of the legislature was to affect the ..... pointed out that this rule was subject to two exceptions -- (a) when by a competent enactment such right of appeal is taken away expressly or impliedly with retrospective effect and (b) when the court to which appeal lay at the commencement of the suit stands abolished.9. ..... well settled rule of interpretation that every statute is prima facie prospective unless it is expressly or by necessary implication made to have retrospective effect. ..... not lay our hands on any direct decision relating to retrospective or prospective effect of amendment relating to 'confirmation' provision. ..... court observed that an impairment of the right of appeal by putting a new restriction thereon or imposing a more onerous condition is not a matter of procedure only; it impairs or imperils a substantive right and an enactment which does so is not retrospective unless it says so expressly or by necessary intendment. ..... nothing in the amendment to suggest that the legislature intended it to be retrospective. ..... as to the effect of the amendment deleting section 20 of the act involves the question as to whether the amendment is prospective or retrospective. ..... are decisions galore relating to amendment of appeal provisions under different statutes. .....