Judgment Search Results Home > Cases Phrase: retrospective Court: chennai Page 1 of about 4,536 results (0.027 seconds)

Union of India, Rep by the Defence Estate Office, Chennai and Others V ...

Court : Chennai

..... repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the parties in an appeal are determined under the ..... of the view that there is a presumption against the retrospective operation of a statute and further a statute is not to be construed to have a greater retrospective operation than its language renders necessary, but an amending act which affects the procedure is presumed to be retrospective, unless the amending act provides otherwise. x x x ..... 593], had clearly held that the amending act which affects the procedure is presumed to be retrospective, unless the amending act provides otherwise. ..... the respondents /land owners would submit that the amending act deals with the procedure and as such, it is presumed to be retrospective, unless the amending act provides otherwise. ..... the tamil nadu act 16 of 1997 will not have retrospective effect, unless it is so specified in the provision ..... where a repeal of provisions of an enactment is followed by fresh legislation by an amending act, such legislation is prospective in operation and does not affect substantive or vested rights of the parties unless made retrospective either expressly or by necessary intendment. .....

Manoj Metals and Another Vs. The Assistant Commissioner, Chennai.

Court : Chennai

..... however, the learned counsel for the petitioner has placed reliance upon the judgments of this court, cited supra, to contend that the retrospective cancellation of the dealers would not affect the purchases made from such dealers by the petitioner and that the bills issued by them cannot be held to be bogus bills, however, in the considered opinion of this court, ..... further, if the selling dealers are genuine dealers, as and when their registration had been cancelled, they would have filed the revision petition against the proceedings of the retrospective cancellation of the registration, which they failed to do. ..... . further, if the above selling dealers are genuine dealers, as and when their registration had been cancelled, they would have filed the revision petition against the proceedings of the retrospective cancellation of the registration .....

Ashok Leyland Employees Union Vs. Ashok Leyland Limited and anr.

Court : Chennai

Reported in : (2001)ILLJ1388Mad

..... of the ordinance being issued was known at the time when the agreement was entered into, is evident from the letter written on april 19, 1985 by the union to the management, which was to the effect that if retrospective effect were to be given to the amendment likely to be brought about to the payment of bonus act, the benefit of such retrospective effect should be available to the workmen who were parties to the settlement. ..... parliament which is empowered to enactlegislation in this field chose to amend the actwith retrospective effect by passing thepayment of bonus (amendment) act, 1985which was preceded by issue of payment of bonus (amendment) ordinance, 1985. ..... learned counsel for the management contended that the settlement is in the nature of contract and that contract has been executed and the retrospective effect of the legislation cannot have any impact on such executed contract. ..... what was enforceable as on the date of the settlement, in the light of the retrospective amendment effected thereto, by the act and ordinance referred to earlier, was the law which provided that the ceiling for eligible workmen for being paid bonus under the act was the drawal of ..... that payment of bonus act was to be amended, a fact which also must have been within the knowledge of the employer wrote to the management on april 19, 1985 stating that in case the proposed amended provisions have retrospective effect, the same will have overriding effect in the settlement, as well.5. .....

N. Rahmath and ors. Vs. Union of India and ors.

Court : Chennai

Reported in : 1988(38)ELT425(Mad)

..... section 29 of the said act the court expressed the view that the power granted in that section is exercisable by the government only prospectively, that if any notification is in terms issued with retrospective effect, that notification to that extent would be ultra vires section 29 and that any notification issued thereunder if its languages is natural, it must be construed only as operating prospectively for only by such ..... adoption of the production of 1980-81 as the base year for determining the eligibility for the financial year 1981-82 is per se unreasonable, since the very notification has been given retrospective effect during the said period for meeting certain contingency arising out of the scheme which positively gave up any limits on production and having held out such a promise and goaded or ..... legislations, in so far as the act and the rules seek to abrogate the terms of the 1974 settlement relating to bonus, it can operate only prospectively and not retrospectively, and that notwithstanding the said amending act, the employees were entitled to be paid the bonus earned by them before the date of publication of the amended rules, 1981. ..... no doubt the said observations of the learned judge have been made on the basis that though the legislature has no (sic) power to make the law with retrospective effect, it has no power to invalidate the judgment of the court which can be done only by the appellate or revisional courts and that the invalidation of the decision of .....

Ayyan Ammal Vs. Vellayammal and ors.

Court : Chennai

Reported in : AIR1956Mad354; (1956)1MLJ255

..... the enactment of the particular section which you have to construe, to bear in mind the effect of a construction which would make it retrospective, and to ask yourselves whether it is to be supposed that construction was intended by the legislature to be given to it.the question of necessary intendment had thus to be settled only with reference to the language ..... the act; and there is a third class of cases, of which the 38th and 39th sections are examples, in which the act contains no clear and explicit statement of whether it is to be retrospective or merely to be prospective.with reference to section 39, which was in the third class, the lord chancellor observed:but in a case of that kind your lordships have to examine the subject-matter of ..... have either made only verbal changes in the old act or deleted some of the old provisions already covered by the new amendment and so no question of their retrospective operation really arises.again, with all respect, i venture to point out that the real distinction between sections like 92 and 53-a of the amended transfer of property act ..... the language of the act as it stands and hold that the sections of the transfer of property act not dealt with in the sections enumerated in section 63 have a retrospective effect, at least where no action was pending, on the 1st of april, 1930.with all respect to the learned chief justice, i may venture to point out that there .....

The Tuticorin Salt and Marine Chemicals Ltd., Vs. The Tariff Authority ...

Court : Chennai

..... the first respondent, on the basis of the said conclusion/reasons, had approved the annual lease rent of rs.2,016/- per acre per annum for the lands with retrospective effect from 08.07.1998, which is subject to annual escalation clause stipulated in the concerned lease agreement. ..... stakeholders including the petitioner had also participated and after considering the objections, the said authority had passed an order dated 27.08.2002 fixing the annual lease rent at rs.2,016/- and applied the same retrospectively with effect from 08.07.1998 and it was also directed to be notified in the government of india gazette. ..... insofar as the quinquennial revision and the retrospective date on which the amount is sought to be revised, the lease agreement entered into between the petitioner and the second respondent provides so and therefore, the points in this regard on behalf of the petitioner, deserves rejection. ..... as has already been mentioned, as provided in the lease agreement, this revised rate will come into effect retrospectively from 8 july 1998. ..... (v) since the lease was granted on 8 july 1993, the first quinquennial revision falls due on 8 july 1998; the port has proposed for such a retrospective revision. .....

Bharat Match Works, Vanaramurthi and ors. Vs. Union of India and ors.

Court : Chennai

Reported in : 1984(16)ELT3(Mad)

..... rates of duty in the year 1980-81 as the base year for determining the eligibility for financial year 1981-82 is per se unreasonable, since the very notification has been given retrospective effect during the said period for meeting certain contingency arising out of the scheme which positively gave up any limits on production and having held out such a promise and goaded ..... the supreme court in the following three cases and submits that these decisions clearly laid down that the legislature cannot take away the force and effect of the judgments by retrospective legislation and that the only thing open to the respondents in these cases is to file an appeal against the judgment of this court in devi match factory and others v. superintendent ..... 29 of the said act, the court expressed the view that the power granted in that section is exercisable by the government only prospectively that if any notification is, in terms issued with retrospective effect, that notification to that extent would be ultra vires section 29 and that any notification issued thereunder it its language is natural, it must be construed only as operating prospectively, ..... be relevant legislations, in so far as the act and the rules seek to abrogate the terms of the 1974 settlement relating to bonus, it can operate only prospectively and not retrospectively, and that notwithstanding the said amending act, the employees were entitled to be paid the bonus earned by them before the date of publication of the amended rules 1981 .....

Kandaswamy Mudaliar and ors. Vs. Madurai T.S. Naina Mohammed Rowther C ...

Court : Chennai

Reported in : (1977)1MLJ244

..... the past, for there is a wider principle at work in human affairs--namely, that past, present, and future are all part of the same streams of consciousness and event.the rule of construction, therefore is limited to 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 matters of procedure, unless that effect cannot be avoided with out doing violence to the language of the enactment ..... law by maxwell on 'the interpretation of statutes' (twelfth edition) at page 215, has been 'so frequently quoted with approval that it now itself enjoys almost judicial authority':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 matters of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment ..... has, in fact, two aspects for it 'involves another and subordinate rule, to the effect that a statute is not to be construed so as to have a grater retrospective operation than its language renders necessary'.if, however, the language or the dominant intention of the enactment so demands the act must be construed so as to have a retrospective operation, for 'the rule against the retrospective effect of statutes is not a rigid or inflexible rule but is one to be applied always in the light of the language of the statute .....

P. Kanakamma and anr. Vs. B. Krishnamma and ors.

Court : Chennai

Reported in : AIR1943Mad445; (1943)1MLJ335

..... thought that it would have been enough to make a simple provision that none of the sections was to have retrospective effect or to make no provision whatsoever in this respect; because the general rule is that a new law shall ..... (amendment) act, 1929, has an important bearing on the question whether section 53-a of the transfer of property act has retrospective effect and before discussing the authorities to which we propose to refer, we will set out its provisions. ..... insertion of these words the section meant that in the case of the sections enumerated at the beginning of it their provisions had no retrospective effect and did not apply to any transaction which had taken place before the 1 st april, 1930, but that the provisions of the other amended sections had retrospective effect except in the case of suits pending in a court on the 1st april, 1930. ..... therefore, the section made a material alteration in rights and such an alteration cannot be given retrospective effect, if regard must be had to the principle stated by the privy council in delhi ..... the contention that the amendment of section 49 of the registration act was not retrospective, but he considered that there must have been a slip made in the ..... is open to criticism, but unless there is something in the section, or elsewhere in the act itself, which clearly indicates that the sections not enumerated at the beginning of the section are to be given retrospective effect, the court must hold that they have not this effect. .....

G. Narayanaswami Naidu and ors. Vs. the Inspector of Police

Court : Chennai

Reported in : (1949)1MLJ1

..... of the criminal procedure code to invoke the jurisdiction of this court, the moment they were illegally detained under the madras public safety act and therefore if section 16-a of the ordinance cannot be construed as having a retrospective operation, that vested right which inhered in them prior to its promulgation should not be prejudiced or taken away, by the application of section 16-a. the arguments proceeded on the basis that recourse to section 491 and ..... 512 as stated in maxwell on interpretation of statutes, 9th edition, page 222:no rule of construction is more firmly established than this that 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 violence to the language ..... more and not less important than a right of appeal in respect of a pending suit, which has been held not to be a mere matter of procedure and which can be taken away retrospectively like other vested rights only by the express language or the necessary intendment of an act of the legislature. ..... he also expressed the opinion that where the statute gives its provisions retrospective operation in express terms it would be a matter for consideration how far the retrospective operation extended and whether pending actions were intended to be affected by it and therefore the question finally resolves itself into a matter of construction, though express words .....