Court : Allahabad
Reported in : (1960)ILLJ44All
..... in cases where parties have acquired certain valuable rights under the old law, then courts have always refused to deprive parties of that valuable right by, interpreting a change in the law as being retrospective unless of course the legislature clearly said so.13. ..... pyarey mohan : air1953all694 ] it was held that the normal rule of interpretation is that unless the amending: law indicates clearly that the intention of the legislature was to make it retrospective, courts do not generally view such law as being retrospective. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
..... in our opinion the impugned regulations and directions are not retrospective at all, nor are they being retrospectively applied.regulation 3 states : 'no person other than a collective management investment company which has obtained a certificate under these regulations shall carry on or sponsor or launch a collective investment scheme. ..... as regards the submission of shri ray that the regulations cannot be retrospective, we agree with learned counsel for the petitioner that regulations made under an act cannot be retrospective unless the parent act so permits vide state of bihar v. k.k. ..... ray submitted that the impugned regulations and the directions of sebi dated 21-10-1998 and 10-12-1999 cannot retrospectively apply to a business which has closed down. ..... vested rights of a company cannot be disturbed retrospectively by subordinate legislation vide beggam v. ..... collective investment management company, and regulation 14 mentions the obligations of such a company.under section 20 of the act an appeal lies against the decision of the board.we fail to see how any of these regulations can be called retrospective.64. ..... for the respondents has submitted that neither the directive issued under section 16 of the sebi act (vide annexures 3 and 5 to the writ petition) nor the regulations made under section 30 are being enforced retrospectively. ..... regulations are only delegated legislation, and unless permitted by the parent act they cannot be retrospective.62. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702
..... it derives power to enact a retrospective rule as ancillary to its power to law-making for the peace, order and good government of the state for the principle that grant ofa specific power necessarily carries with it the grant of all power ..... with the rules as they existed on the date of advertisement general rule of statutory interpretation as expounded in the said decision is that the statutory rule or government order is prospective in nature unless it is, expressly or by necessary implication, made to have retrospective effect. ..... it was then urged on behalf of the state and the successful candidates that the rules do not have retrospective effect. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All7
..... section 47 of the registration act, in one way, gives a retrospective effect to a document after it has been duly registered. ..... the material observation is:'unless a sale deed is registered, the mere fact of its execution does not make it operative, but by reason of section 47 once registration has been effected the sale deed becomes operative retrospectively from the date of execution.'30. ..... like the retrospective enactments, a document having retrospective effect from the earlier date and not necessarily on the date when the transaction is complete. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1849
..... rule is however subject to a well recognised principle that the benefits acquired under the existing rules cannot be taken away by an amendment with retrospective effect, that is to say, there is no power to make such a rule under the proviso to article 309 which affects or impairs ..... in other words, such rules laying down qualifications for promotion made with retrospective effect must necessarily satisfy the test of articles 14 and 16(1) of the constitution ..... it would apply in future of the existing employees and does not take away the right of the persons who have already retired, the amendment was not retrospective and those persons who were already in service and were expecting to retire at the age of 58 years and would now be retired at the age of 55, cannot claim that the rules have been amended with retrospective effect taking away their accrued rights.13. in t.r. ..... sc 161, observed as under :'the legislature is undoubtedly competent to legislate with retrospective effect to take away or impair any vested right acquired under existing laws but since the laws are made under a written constitution and have to conform to the dos and don'ts of the constitution, neither prospective nor retrospective laws can be made so as to contravene fundamental rights. ..... more so, service conditions also can be changed with retrospective effect, but it should not take away the rights accrued in favour of the employees and such a unilateral change should be in consonance with the mandate of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2010All3; 2010(1)AWC51
..... page 570 in which it is stated that 'the general rule is that all statutes other than those which are merely declaratory or which relate only to matters or procedures or of evidence or prima facie prospective and retrospective effect are not to be given to them unless by expression words or necessary implication it appears that this was the intention of the legislature....'21. ..... bhajan kaur air 2008 2276 it was held that a statute is presumed to be prospective unless held to be retrospective either expressly or by necessary indication after substantive law is presumed to be prospective, it is one of the facets of the rule of ..... the court shall not presume retrospectivity if any substantive right is created by ..... : air 1990 sc 209 it was held that if the section does not create any substantial rights, it is merely a matter of procedure of evidence and as such it is retrospective then it will be applicable. ..... ordinarily the retrospectivity must be found from the provisions of the ..... a difference between retrospectivity and retroactivity. ..... a difference between retrospective and retroactive. ..... relating to the registration of securitisation companies or reconstructions companies must be read with a retrospective effect. ..... of acts providing for procedure and machinery provisions, the statutes have always been given retrospective effect.18. ..... high court in unique engineering works has provided much better and persuasive reasoning in holding that the provisions of the act are retrospective in nature. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1453
..... except in accordance with law, counsel further submitted that this right of plaintiff have been taken away whereas a bare reading of 1985 amendment discloses that the amending act is not retrospective therefore it will have to be prospective namely, from the date of enforcement of the amendment because the substantive right of the plaintiff cannot be taken away by 1985 amendment unless legislature makes ..... has culled out the principles with regard to the ambit and scope of an amending act and its retrospective operation as follows:(i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affect procedure, unless such a construction is textually impossible, is presumed to be retrospective in its application, should not be given an extended meaning and should be strictly confined to its ..... in the case of maharaja chintamani (supra), i am of the view that in the absence of anything in the amending act 1985, the said amendment cannot be said to be retrospective and will not apply to the suits pending on the date when the act was amended in the year 1985. ..... amendment cannot be given to the petitioner as according to the petitioners' own admission he entered into possession after 1974 amendment and 1985 amendment cannot be given because the same is not retrospective and on the date when 1985 amendment of the act was enforced, the suit was already pending. .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]29STC308(All)
..... therefore, if the notification is bad because it has been made with retrospective effect, it is not open to this court to say that in any event it can be treated as valid for the period following the date on which it was made, namely, 1 st august, 1958. ..... the impugned notification will remain operative from 1st august, 1958, even though the retrospective levy with effect from 30th november, 1957, is invalid.23. ..... counsel for the petitioner submits that as the retrospective part of clause (b) of the impugned notification is invalid, effect cannot be given to the notification even from 1st august, 1958. ..... 130, a government notification which was retrospective was not struck down in entirety. ..... we have already said that the retrospective portion of the notification is invalid. ..... the question is whether the prospective operation which is necessarily implied in the expression 'with effect from november 30, 1957' and which is valid is severable from the retrospective operation which is invalid. ..... , took the view that as the notification was retrospective, it was invalid in toto. ..... the prospective aspect of the notification is not inextricably interwoven with its retrospective aspect. ..... but clause (b) of the notification authorises the levy of tax on dressed hides and skins from a retrospective date. ..... but the notification before us does not operate 'with retrospective effect'. ..... the learned judge said :it cannot be disputed that it (notification) has been made with retrospective effect.... .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)361; [2004]266ITR453(All)
..... the supreme court observed (page 93) :'all laws which affect substantive rights generally operate prospec-tively and there is a presumption against their retrospectivity if they affect vested rights and obligations, unless the legislative intent is clear and compulsive.'29. ..... lj : observed : 'unless an intention to the contrary is clear, an act is to be construed as operating only on cases or facts which come into existence after the act, and not retrospectively on cases or facts which had come into existence before the act. ..... observed :'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 ..... which had accrued before the statute came into force, unless there are express words in the statute affecting such rights or where a retrospective effect to the statute is inevitable by necessary intendment or implication vide state v. p.m.l. ..... in our opinion, a statute is not to be construed to operate retrospectively so as to take away a vested right unless that intention is made manifest by language so plain and unmistakable that there is no ..... the finance act, 1992, was not retrospective and hence, in our opinion, will not apply to the impugned recoveries as they were in respect of the earlier assessment years in respect of which the assessment and penalty orders .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All144
..... the petitioners have prayed for a direction that the pricing policy parameters for the viith and viiith pricing periods cannot be given retrospective operation, and have prayed for a mandamus directing the respondents to continue to determine and notify the retention prices of the petitioners in accordance with the pricing policy parameters for the vith pricing period as communicated to ..... in reply to the submission of the learned counsel for the petitioner that the policy parameters and retention price could not be altered retrospectively from 1-7-1997, it has been submitted by the learned counsel for the respondents that it is the retention price which is being enforced from 1-7-1997 and not the parameters. ..... where some changes have been made in the policy parameters in the past and applied retrospectively, they have not been wholesale changes of the kind mentioned in the impugned notification, and the government has ensured that the petitioner obtained the appropriate subsidy. ..... however, learned counsel for the petitioner contended that in the new policy of 4-6-2002 and thereafter drastic changes in the policy parameters were introduced which were applied retrospectively from 1-7-1997 which had an adverse impact on the petitioner and led to closure of its unit. ..... it is alleged that the action of the government to revise the retention policy parameters retrospectively from 1-7-1997 is the result of an after-thought and not resulting from any rational policy dispensation. .....
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