Judgment Search Results Home > Cases Phrase: retrospective statutes Page 6 of about 39,763 results (0.041 seconds)

State Bank's Staff Union (Madras Circle) Vs. Union of India (UOi) and ...

Court : Supreme Court of India

Reported in : AIR2005SC3446; 2005(5)CTC629; [2005(107)FLR737]; JT2005(8)SC315; (2005)IIILLJ854SC; (2005)7SCC584

..... 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 ..... statutes operate on conditions already existing and are therefore wholly retrospective and can have no retrospective operation ..... in general however the courts regards 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 ..... 396 observes that:'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 ..... thus, a statute is not retrospective merely because it affects existing rights; nor is it retrospective merely because a part of the requisite for its action is drawn ..... one of the relevant considerations in determining the constitutional validity of a retrospective legislation.the above position was elaborately noted in virendra singh hooda and ..... exercise of the plenary powers conferred on it by the constitution render a judicial decision ineffective by enacting a valid law on a topic within its legislative field, fundamentally altering or changing with retrospective, curative or neutralizing effect the condition on which such decision is based (see: i.n. .....

Maheshwari Mills Ltd. Vs. Union of India

Court : Gujarat

Reported in : 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172

..... prem behari khare : [1989]177itr97(sc) (para 21 of the report) the supreme court has observed : 'a statute is not properly called a retrospective statute because part of the requisites for its action is drawn from a time antecedent to its passing.' 14. ..... 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 to its passing. ..... in that context the supreme court referred to the meaning of the term 'retrospective' as stated in craies on statute law, and thereafter observed : 'it may be that there was no liability to building tax until the promulgation of the act (earlier the ordinances) but mere absence of an earlier taxing statute cannot be said to create a 'vested right', under any existing law, that it shall not be levied in future with affect from a date anterior to the passing of the act. ..... meaning of 'retrospective' : in craies on statute law (seventh edition, page 387) meaning of the term 'retrospective' is stated as follows : '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 of transactions or considerations already past. ..... therein (para 15 of the report) it is observed that simply because the act is to take into account the income earned before the statute came into force, it cannot be said to be retrospective. .....

The Secretary, Siddhartha Academy of Gen Vs. the Appellate Authority U ...

Court : Andhra Pradesh

..... to persons who had become widows after the act was passed, and that the presumption against a retrospective statute being intended supported this construction; but we have shown before that the statute is in its direct operation prospective, as it relates to future removals only, and that it is not properly called a retrospective statute because a part of the requisites for its action is drawn from time antecedent to its passing" thus ..... ) it is not necessary that an express provision be made to make a statute retrospective and the presumption against retrospectivity may be rebutted by necessary implication especially in a case where the new law is made to cure an acknowledged evil for ..... , and thus to confer on a married woman full human status; that the legal fictions so removed were in their origin inextricably mixed up with old procedural law; that a statute abolishing old legal fictions of this nature is akin to a procedural statute; and that only expressed exception pointed out in the act was in respect of pending proceedings which implied that there is no room for any other exception. ..... to have brought into force a provision of a statute with retrospective effect, unless it has been stated so explicitly ..... thus, it becomes clear that the rule against retrospective construction is not always applicable to a statute merely because a part of the requisites for its ..... statute is prima facie prospective unless it is expressly or by necessary implication made to have a retrospective .....

Puttalinganagouda @ Veeranagouda B Patil and Others Vs. The Union of I ...

Court : Karnataka Dharwad

..... : "it was 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 a 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 not properly called a retrospective statute because a part of the requisites for its action ..... statute operates forwards from the date of its enactment conferring new rights on parties without reference to any anterior event, status or characteristic; (ii) retrospective statute, on the other hand, operates backwards, attaches new consequences, though for the future, but to an event that took place before the statute ..... suffers from a discriminatory vice is another matter which we will presently consider but surely, the rule cannot first be assumed to be retrospective and then be struck down for the reason that it violates the guarantee of equal opportunity by extending its arms over the past. ..... legislature has not expressly or by necessary implication given effect to a statute from a date prior to its enactment, the court will not allow retrospective effect being given to a legislation so as to take away the ..... prospective, a retrospective and a retroactive statute is briefly explained ..... was observed that a statute is not retrospective, unless it expressly stated ..... of statute raise a presumption against such retrospective effect .....

Vasantha C. Kerur and Others Vs. B. Basavaraj and Others

Court : Karnataka

..... : it was 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 a 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 not properly called a retrospective statute because a part of the requisites for its action ..... statute operates forwards from the date of its enactment conferring new rights on parties without reference to any anterior event, status or characteristic; (ii) retrospective statute, on the other hand, operates backwards, attaches new consequences, though for the future, but to an event that took place before the statute ..... the appellants would, however, vehemently submit that because the legislature has provided to ignore partitions other than partitions effected by registered deeds or decrees of the court, the amendment was intended to be retrospective and would apply even to a daughter who died before 9 september 2005 and ignoring all partitions (other than those effected by registered deeds or decrees of court), the coparcenary properties which existed on ..... legislature has not expressly or by necessary implication given effect to a statute from a date prior to its enactment, the court will not allow retrospective effect being given to a legislation so as to take away the ..... of statute raise a presumption against such retrospective effect .....

Sarvodaya Education Trust Vs. The Union of India

Court : Karnataka

..... however, a statute is not probably called a retrospective statute because a part of the requisites for its action is drawn from a time antecedent to its ..... 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 ..... 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 ..... statute retrospectively the court has to be satisfied that the statute is in fact retrospective. ..... writ petition is filed under articles 226 and 227 of the constitution of india praying to declare that the retrospective operation of the payment of gratuity (amendment) act, 2009, is unreasonable, arbitrary, invalid and unconstitutional and 13 consequently, strike down the same from the statute book and etc. ..... ) 1 scc326 41 the hon ble supreme court has held that legislature has the power to amend, delete or obliterate the statute or to enact a statute prospectively or retrospectively.44. ..... a retrospective operation is, therefore, not to be given to a statute so as to impair existing right or obligation, otherwise than as regards matter of procedure unless that effect cannot be avoided without doing violence to the .....

Puttalinganagouda @ Veeranagouda B Patil Vs. The Union of India

Court : Karnataka Dharwad

..... : it was 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 a 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 not properly called a retrospective statute because a part of the requisites for its action ..... statute operates forwards from the date of its enactment conferring new rights on parties without reference to any anterior event, status or characteristic; (ii) retrospective statute, on the other hand, operates backwards, attaches new consequences, though for the future, but to an event that took place before the statute ..... suffers from a discriminatory vice is another matter which we will presently consider but surely, the rule cannot first be assumed to be retrospective and then be struck down for the reason that it violates the guarantee of equal opportunity by extending its arms over the past. ..... legislature has not expressly or by necessary implication given effect to a statute from a date prior to its enactment, the court will not allow retrospective effect being given to a legislation so as to take away the ..... prospective, a retrospective and a retroactive statute is briefly explained ..... was observed that a statute is not retrospective, unless it expressly stated ..... of statute raise a presumption against such retrospective effect .....

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... cvat, (2016) 15 scc125 , again reiterated the broad legal principles while testing a retrospective statute in paras 14 and 18 which is to the following effect: (scc pp. ..... union of india, (2005) 7 scc725 , this court stated broad legal principles while testing a retrospective statute, in the following manner: (scc pp. ..... and at a price fixed by law is in the above sense undoubtedly the submission of learned counsel was that though a legislature which had plenary power in this regard could enact a statute having operation, subordinate legislation, be it a rule, a bye- law or a notification, could not be made so as to have retrospective operation and that to rule, bye-law or notification would be ultra vires and would have to be struck down, relying for this position on the decision of the mysore high ..... now it is a well-settled rule of interpretation hallowed by 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 obligation or impose a new liability otherwise than as regards matters of procedure. .....

Union Of India Vs. M/s. Ganpati Dealcom Pvt. Ltd. Tthrough Managing Di ...

Court : Supreme Court of India

..... a retrospective statute is different from an ex post facto statute. ..... (i) the 2016 amendment act, which came into force on 01.11.2016, was a new and substantive legislation, inter alia, substituting and widening the definition of benami property and benami transaction , and in order to have retrospective operation for the period or transactions entered into prior to 01.11.2016, a provision to that effect should have been specifically providing under the said act; in the absence of any express provision to that effect, simply by ..... held that in terms of the protection enshrined under clause (1) of article 20 of the constitution of india, the 2016 amendment act, amending, inter alia, the definition of benami transaction , could not be given retrospective effect, and the amendments brought about vide the said (amendment) act would be enforceable only with effect from the date of the enactment / coming into force of the said amendment act i.e. ..... the parliament has the power to enact retrospective legislation even in case of a criminal statute, as long as it complies with article 20(1) of the constitution ..... that takes away or impairs rights vested agreeably to existing laws is retrospective, and is generally unjust and may be oppressive; it is a good general rule that a law should have no retrospect, but in cases in which the laws may justly and for the benefit of the community and also of individuals relate 70 to a time antecedent to their commencement: as statutes of oblivion or of pardon. .....

Weaver Vs. Graham

Court : US Supreme Court

..... [ footnote 7 ] the florida court also distinguished cases from other jurisdictions striking down retrospective statutes that eliminated the allowance of gain time in specified situations, revised the entire scheme of criminal penalties, and extended the ..... not the prospect of gain time was in some technical sense part of the petitioner's sentence, the statute substantially alters the consequences attached to a crime already completed, changing the quantum of punishment, and thus is a retrospective law which can be constitutionally applied to petitioner only if it is not to his detriment. pp. ..... accord with these purposes, our decisions prescribe that two critical elements must be present for a criminal or penal law to be ex post facto: it must be retrospective, that is, it must apply to events occurring before its enactment, [ footnote 11 ] and it must disadvantage the offender affected by it. ..... , we have held that a statute may be retrospective even if it alters punitive conditions ..... thus, even if a statute merely alters penal provisions accorded by the grace of the legislature, it violates the clause if it is both retrospective and more onerous than the law in effect on the date of ..... b whether a retrospective state criminal statute ameliorates or worsens conditions imposed by its ..... " even if a statute merely alters penal provisions accorded by the grace of the legislature, it violates the ex post facto clause if it is both retrospective and more onerous than the law in effect on the date .....