Judgment Search Results Home > Cases Phrase: retrospective Court: allahabad Page 1 of about 1,637 results (0.021 seconds)

Girjanandan Vs. Hanumandas

Court : Allahabad

Reported in : AIR1927All1

..... where the legislature inserts a new definition in an existing act the effect of which is to define a term previously undefined, it would ordinarily be held that the definition was intended to be retrospective, more particularly when the preamble of the act inserting it declared that it was expedient to explain the law but where the new definition has the effect of repealing a previously existing and inconsistent ..... i should arrive, that is, that where the legislature, if it so desired, could have and ought to have expressed its intention beyond doubt, i have no right to interpret this act, ignoring the ordinary presumption, so as to give it a retrospective effect.92. in accordance with the opinions of the majority of judges composing the full bench the answer to the first question referred is that act 27 of 1926 is ..... to the above propositions i would make it clear that i appreciate that no one of them is conclusive by itself, for instance, it is clear that every act taking effect retrospectively can be said in one sense or another to affect rights of some sort; and similarly with the other propositions in particular cases they may be open to exception. ..... the judgment of the judicial committee remarked at page 474:it may be true that the enactments are declaratory in form; but it does not necessarily follow that they are therefore retrospective in their operation, and were meant to apply to acts which had been completed or to interests which had vested before they became law. .....

Ram Lakhan Saran Vs. the Sunni Central Board of Waqf, U.P., Lucknow an ...

Court : Allahabad

Reported in : AIR1976All532

..... adopting new rules, a court will look to the purpose of the- particular new rule involved, the reliance placed upon the former rule, and the effect on the administration of justice of a retrospective application of the new rule, and that even if a new judicial rule had already been applied to the parties before the court in which the new rule was announced, such application did not foreclose ..... 12 law ed 2nd 977) holding inadmissible under the sixth and fourteenth amendments evidence of pre-trial statements of a state criminal defendant were held not to apply retrospectively to cases still on direct appeal when the escobedo case was decided, but to apply only to trials begun after the date on which the escobedo decision was ..... court decision overruling an earlier case involving the construction of a state railroad rate-fixing statute, where the state court, in overruling the earlier case refused to make the new rule retrospective and held that the parties to the instant case were controlled by the law as established in the overruled case.18. ..... new jersey, ((1966) 16 law ed 2nd 882) that the new rule would not apply retrospectively to cases which were pending on appeal when the overruling case was decided, but would apply only to trials begun after the date on which the decision in ..... prospect of retrial of many criminals whose convictions had become final had mapp been applied retrospectively, it was suggested by several eminent jurists of the day that mapp should apply prospectively .....

K.M. Scientific Research Centre Vs. Lakshman Prasad and ors.

Court : Allahabad

Reported in : [1998]229ITR23(All)

..... are without jurisdiction as the petitioner's assessing officer is income-tax officer 11(5), kanpur, who has already made assessments for some years and that the notification withdrawing the approval with retrospective effect is ultra vires and all his actions in pursuance thereof are illegal and the notice for the assessment year 1983-84 is also bad in law because the assessment proceedings for ..... scientific officer, government of india, ministry of science and technology, department of scientific and industrial research, informed the petitioner that it was proposed to withdraw the approval retrospectively with effect from june 17, 1980, copy of the said letter has been annexed as annexure '6' to the writ petition and it is stated that it gave no ..... 6, also issued show-cause notice under section 263 for the assessment years 1981-82 and 1982-83 proposing to set aside the assessment in view of the retrospective withdrawal of approval under section 35(1)(ii) and in spite of objections by the petitioner he has ultimately passed orders (copies annexures 21 and 22) quashing the assessments and ..... recovery officer with effect from a date prior to the date of the notification, and that in exercise of delegated legislation the state government cannot legislate by issue of a notification with retrospective effect because the statute did not confer the power of retrospective legislation on the state government, it was held that the impugned notification dated january 2, 1986, was invalid. .....

Raj Rajendra Sardar Maloji Narsing Rao Vs. Shankar Saran and ors.

Court : Allahabad

Reported in : AIR1958All775

..... . the adaptation of laws (amendment) order, 1950 which was enacted in june but was given retrospective effect from 26-1-1950 further amended it by act ii of 1951, the section, as it stood amended on 26-1-1950, was repealed and replaced by the section in its present form ..... an amending adaptation of laws order of 1950 was enacted in june of that year but was given retrospective effect from the 26th of january, 1950.it made no change in this definition. ..... the section was again amended by the adaptation of laws order, 1950, which was enacted in june, 1950, but was given a retrospective effect from the 26th january, 1950. ..... . if that is not giving retrospective effect to the provision it is difficult to conceive of anything which is.56 ..... . if the decrees passed in states like gwalior in the pre-constitution days are held to be executable under article 261(3) it will in effect mean giving retrospective operation to the article without there being anything in the article itself to justify that course.it was urged that merely because facts or events which happened before the enactment of a statute have to be referred to in connection with its application, it cannot be said that the enactment is being of retrospective effect ..... . state of bombay : 1951crilj680 , every legislation is prima facie prospective unless it is expressly or by neces-sary implication made to have retrospective operation .....

Pirthwinath Chowdhry Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : AIR1959All169

..... so appointed, his services are not ordinarily to be retained after his attaining the age of sixty years but may still be retained if in any case the governor so wishes.if this rule has retrospective effect and if it can be deemed to have been in existence by virtue of retroactive operation even on the date when the petitioner was re-appointed, then no doubt the petitioner having reached the age ..... , therefore, the substituted rule 7 which has been made under the powers conferred by article 309 of the constitution of india, inasmuch as it is not of retrospective effect, does not destroy the right of the petitioner under the rules of his service to hold the tenure post of additional government advocate for the full period ..... i however also make it absolutely clear that i should not be meant to be laying down that the government had no power to make a rule which may be retrospective in its application and deprive the petitioner of his right of holding the post of additional government advocate.i have only interpreted the rule as it stands and have held ..... in the language of this rule to hold that the rule making authority meant to apply this rule retrospectively.before this rule was notified, the petitioned had a clear right to continue as an additional government advocate for a period of 3 years from 16-4-57, and inasmuch as there is nothing in the language of this rule which makes it retrospective in its application i am of the view that the rights of the petitioner are not affected by .....

Kamta Prasad and anr. Vs. Jaggan and Co. and anr.

Court : Allahabad

Reported in : 1996ACJ57

..... , there are no express words in section 92-a nor is there any express provision in the amending act 47 of 1982 making the section retrospective but that by itself is not sufficient to hold against retrospectivity for such an intention of the legislature may be inferred by necessary implication for there is no absolute rule of inviolability of substantive rights. ..... bahadur chetri air 1964 sc 1511, the supreme court held that '...a statutory provision is held to be retrospective either when it is so declared by express terms, or the intention to make it retrospective clearly follows from the relevant words and the context in which they occur. ..... dealing with substantive rights differs from a statute which relates to procedure or evidence or is 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. ..... 47 of 1982 with effect from 1.10.1982 and section 140 of the motor vehicles act, 1988, are retrospective in operation and effect and the benefit thereof is extendible to a claim for damages in respect of death or permanent disablement which has resulted from an accident arising out of the use of motor vehicle, occurring prior to 1.10. .....

The Aligarh Muslim University Through Its Vice-chancellor Vs. Malay Sh ...

Court : Allahabad

Reported in : 2006(1)AWC992

..... on the strength of 1981 amendment is that the amendment act, 1981 changes the very basis of the judgment of azeez basha's case by retrospectively amending 1920 act and had the amendment act, 1981 was before the court deciding the azeez bashah's case, the decision would have been ..... defect in a land acquisition case), prithivi cotton mills : [1971]79itr136(sc) (rates under the invalidated act redefined to make the validating act valid), hari singh : [1973]1scr515 (meaning of public premises alter retrospectively), trith ram : air1973sc405 (accessing delegation cured by incorporating the notification under the act), hmt (1975) supp. s.c.r. ..... parliament whose duty is to protect the fundamental rights of citizen, as a measure of positive intervention, brought 1981 amendment retrospectively amending 1920 act to change the very basis of the judgment of the apex court in azeez basha's case. ..... from the various provisions of the act as amended by 1981 amendment act, it is clear that retrospective operation at best can be given to provisions amending the preamble, long title, section 2(1), section 5(2)(c) and section 8, most of other provisions are for prospective operation regarding constitution of various authorities ..... to the similar effect there is amendment in section 18(1), both these sections cannot have any retrospective operation since according to section 3 of 1920 act the first chancellor, the pro vice chancellor were appointed by notification by the governor general in council and .....

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... which demands that laws should not be changed too frequently seems least suited to formalization in a constitutional restriction.further, the author observed, to quote as under:yet there is a close affinity between the harms done by retrospective legislation and those resulting from too frequent changes in the law. ..... the author (supra) observed as under:the affinity between the problems raised by too frequent or sudden changes in the law and those raised by retrospective legislation receives recognition in the decisions of the supreme court. ..... when a policy decision is required to be given a retrospective operation, it must be stated so expressly or by necessary ..... the states right to change law retrospectively referring the judgement of ochoa v. ..... the evil of the retrospective law arises because men may have acted upon the previous state of the law and the actions thus taken may be frustrated or made unexpectedly burdensome by a backward looking alteration in their ..... also settled law that every government order or notification ordinarily shall be prospective unless it is made retrospective specifically vide k. ..... may be drawn from either plain reading of notification or by implication with regard to its retrospective application. ..... of principle of promissory estoppel and while holding the right of the state to change its policy it is held that ordinarily it shall be prospective in nature unless expressly or by necessary implication indicated in the notification with regard to retrospectivity. .....

Om Prakash Vs. Divisional Superintendent, Northern Rly.

Court : Allahabad

Reported in : AIR1970All440

..... held that the amendment of article 226 of the constitution is not retrospective, and does affect petitions filed before the date of the amendment in respect of orders passed before the amendment. ..... is well settled that all procedural laws are retrospective unless the legislature expressly states to the contrary. ..... is further stated on page 217 that the general principle is that alterations in procedure are retrospective, unless there be some good reason against it. 20. ..... the amendment of article 226 is, therefore, retrospective in effect so as to enable the high court to exercise its powers ..... no question of retrospectively arises in the present case as the amending law relates to the power of the ..... does not follow that an amendment of article 226 cannot have retrospective effect. ..... be that article 226 has no retrospective operation. ..... of the constitution has no retrospective operation. ..... of the bombay act was not intended to be retrospective in operation. 16. ..... now arises whether clause (1-a) of article 226 introduced in the year 1963 can have retrospective operation. ..... case came up before a division bench, the learned judges noticed that there was a conflict of views among high courts as to whether the amendment of article 226 in the year 1963 can have retrospective operation. ..... contended for the respondents that the amendment of article 226 in 1963 cannot have retrospective effect. ..... 1963 (all) a single judge of andhra pradesh high court held that a constitutional amendment is not retrospective. .....

District Board Vs. the Upper India Sugar Mills Ltd.

Court : Allahabad

Reported in : AIR1957All527

..... (head-note).if the legislature enacted that the amendment should become a part of the original act, it necessarily follows that the legislature wanted that the retrospective effect of the amending act should begin from the date of the original act itself. ..... the amendment act which came into force on 28-12-1949 has been given retrospective effect, but this statement does not solve the problem raised in this appeal ..... it was further held that where the amending apt is made to have retrospective effect, then there is an implication in favour, of its applicability to pending proceedings, for, to hold otherwise would render the amending act largely ..... in this case it was held that where the act is expressly retrospective in effect, it must in furtherance of the objects of the act be held to apply to pending proceedings unless there is something in the word of the enactment to prevent the court from doing ..... asked for and he prefers an appeal, during the pendency of which the law is amended and now confers upon him the right to the relief, it is a matter for interpretation whether the amendment in the law is so retrospective as to justify the appellate court's granting him the relief. ..... even if the amendment act has been given retrospective effect, unless it contains words expressly or impliedly requiring even a decree to be reopened and corrected so as to be in conformity with it a decree already passed may not be reopened or set aside on the ground that on the date on which the appeal .....