Judgment Search Results Home > Cases Phrase: retrospective statutes Court: patna Page 4 of about 193 results (0.046 seconds)

income-tax Officer Vs. Heckett Engg. and Co.

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1987)20ITD80(Pat.)

..... , by completely ignoring the relevant provisions of law that had come on the statute book and were operative with retrospective effect, it is necessary that the matter should go back to the tribunal. .....

Syed Welayat HussaIn and ors. Etc. Vs. State of Bihar and ors.

Court : Patna

..... . there cannot be any doubt that a statute is presumed to have prospective operation unless it is given retrospective operation expressly or by necessary implication. 29 ..... act whose validity was challenged on the anvil of article 30 of the constitution, held that even the minority institutions are subject to statutory regulations and establishment and maintenance of such an educational institution should be in conformity with the statute and the state is entitled to regulate the establishment of the educational institutions of the minorities have no right to maladministration ..... . as before the affiliation to the said college could be granted, a parliamentary statute has come into force which would prevail over the state legislation ..... . a right to obtain affiliation is not an absolute right and the same would depend upon the fulfilment of the conditions laid down therefor by reason of the relevant statutes .....

Smt. Shanti Devi Prasad and anr. Vs. the State of Bihar and ors.

Court : Patna

..... a question of law arose as to whether the said amendment will have retrospective operation was referred for consideration before the special bench of the madhya pradesh high court. ..... it is well known cardinal principle of law that every statute which takes away or impairs vested rights acquired under the existing laws, or creates a new obligation or imposes a new duty in respect of past transaction must be presumed to be intended not to have retorospective effect. ..... answering the reference their lordship held that the amended provision of the act shall not have retrospective operation. 18. .....

Amit Kumar Thakur @ Amit Ranjan Thakur Vs. the State of Bihar

Court : Patna

..... 14: the embargo of giving a retrospective effect to a statute arises only when it takes away vested right of a person. .....

Shambhu Nath Roy Vs. State of Bihar and ors.

Court : Patna

..... but, before the matter came up for hearing at the admission stage, the affiliation was granted to the college by order dated 24.5.1995 giving retrospective effect of affiliation since may, 1992.5. ..... of governing body and the consequential orders/directions made by the ranchi university stating the same to be nonest as those were against the provisions of sections 59 and 60 of the bihar state universities act and rule 28 of the statutes regarding the governing body as framed under the act.6. .....

Dharmendra Brahmchari, S/O Sri Anoop Singh and ors. Vs. State of Bihar ...

Court : Patna

..... there is no room to dispute the propositions that an enactment or a statutory rule, unless made retrospective by express provision or by necessary implication, will have prospective effect; nor there can be a dispute that the selection process once started must be brought to its logical end in accordance with the terms and conditions mentioned in ..... [air 1990 sc 405], the honble supreme court has reiterated the 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. ..... rajan has submitted that the rules of 2005 are not made retrospective; they should, therefore, apply prospectively.in other words, only those posts which have fallen vacant on the date of the 2005 amendment (25th june 2005) or thereafter can be filled in in accordance with the amended rules. ..... undoubtedly, the 2005 amendment has not been made retrospective either by express provision or by necessary implication. ..... for being considered for promotion as head master in accordance with the 1983 rules as they stood prior to 2005 amendment; whether filling up the vacant posts in accordance with the amended rules can be said to be the retrospective operation of the amended rules. 22. ..... such application of the rules cannot be said to be retrospective. 26. .....

Smt. Sugapati Devi and ors. Vs. the State of Bihar and ors.

Court : Patna

..... learned counsel for the petitioners submits that the bihar panchayat raj (amendment) act, 2007 does not state that it applies with retrospective effect and thus the petitioners' right for appeal will become vested on the passing of the impugned order by the commissioner of the division and it could not be defeated on the said amendment brought about by ..... the golden rule of construction is that, in the absence of anything in the enactment to show that it is to have retrospective operation; it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was ..... 2317/2008 by order dated 13.2.2008 on the ground that specific forum of appeal has been provided by the statute and this court was not inclined to interfere with the impugned order of the commissioner at that stage and the petitioner was given liberty to move the appellate ..... it is further submitted that in the absence of any provision making the act retrospective or even inserting any savings clause in the said act, the provision of section 8 of the bihar and orissa general clauses act, 1917 would apply to the said enactment and the repeal of the said ..... right of appeal accrues to a party the same does not stand defeated on the said right having been repealed by any subsequent amendment or repealing act unless the said amendment act clearly provides so with retrospective effect. ..... 237(v) that 'statutes should be interpreted, if possible, so as to respect vested right .....

Parle Biscuits (P) Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... . though earlier it was applicable only with regard to existing provisions of section 13 but it will equally apply to the newly added clause (e) to sub-section (1) of section 13 of the act brought on the statute book for the reason that that is also a part of section 13 with regard to which the said notification was issued ..... . the amendment is a wider term and it includes deletion or abrogation in existing statute, when the statute provision is amended to a limited/small extent then it is termed as amendment and when the provision is extensively amended then it is called repeal and in that case after repeal there is re-enactment of the law ..... . an amendment of substantive law is not retrospective unless expressly laid down or by necessary implication inferred.'20 ..... . amendment is, in fact, a wider term and it includes abrogation or deletion of a provision in an existing statute .....

Jitendra Rai and Another Vs. the Union of India

Court : Patna

..... state of gnct of delhi [(2009) 6 scc 490], while dealing with the amendments of section 21 of the ndps act, the court took the view that amendments made by act 9 of 2001 could not be given retrospective effect as if it was so given, it would warrant a retrial which is not the object of the act. ..... one of the facets of the rule of law is also that all statutes should be presumed to have a prospective operation only." 15. ..... it is a settled principle of interpretation of criminal jurisprudence that the provisions have to be strictly construed and cannot be given a retrospective effect unless legislative intent and expression is clear beyond ambiguity. .....

Dr.Chittaranjan Roy. Vs. the State of Bihar, and ors.

Court : Patna

..... the power to relax as was granted by notification dated 17.12.1990 was thus being exercised retrospectively in cases where to fill up the post of assistant professor, tutor with requisite qualification and experience were not available at ..... post of assistant professors direct appointments were made without looking to their teaching experience as tutors and in order to overcome that irregularity that notification was being issued on 05.06.1991 exercising the power to relax with retrospective effect as was available to the state government vide notification dated 17.12.1990.25. ..... this court held that circular cannot be applied retrospectively as it is well settled that the government cannot and should not alter or modify any circular retrospectively which may affect and prejudice the right of the ..... was notified that the notification dated 17.12.1990 would be effective retrospectively with effect from 28.11.1979, the day when dr. ..... only by notification dated 15.05.1997 that this notification dated 17.12.1990 was made effective retrospectively from 28.11.1979, which is the date of judgment in dr. ..... rightly submitted that the government also understood the situation, accordingly, but by this act of retrospective relaxation in condition the vested right of dr. ..... name of governor and in absence of any other rules on the subject would be deemed to be rules within the meaning of article-309 of the constitution as also other such notifications issued subsequently and, thus, have force of statute. .....