Judgment Search Results Home > Cases Phrase: retrospective Court: himachal pradesh Page 1 of about 156 results (0.030 seconds)

Durma Devi Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC482

..... the substantial rights which vested during the period from 21-2-1974 to 14-4-1988 on the tenants/lessees and on others by virtue of legal transfers made by them, the only interpretation possible of the proviso in question is that, by its retrospectivity, it does not take away the rights of those tenants who have been conferred proprietary rights and mutations have been attested in their favour and those persons who have got the said land ..... in several decisions of the supreme court of india as well as english courts is that:all statutes other than those which were merely declaratory or which relate only to matters of procedure or of evidence are prima facie prospective....and retrospective operation should not be given to a statute so as to affect, alter or destroy any existing right or create a new liability or obligation unless that effect cannot be avoided without doing violence to the language of the enactment. ..... of the original provision of section 104 of the act have been taken away impliedly.by now, it is well-settled rule of interpretation, sanctified by judicial decisions, that unless the term of the statute expressly so provides or necessarily requires it, retrospective operation should not be given to it so as to take away or impair an existing right or create a new obligation or impose a new liability otherwise than as regards the matter of procedure. .....

State of H.P. Vs. Chander Dev and ors.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC7

..... from 21.2.1974 to 14.4.1988 on the tenants/ lessees and on others by virtue of legal transfers made by them, the only interpretation possible of the proviso in question is that, by its retrospectivity, it does not take away the rights of those tenants who have been conferred proprietary rights and mutations have been attested in their favour and those persons who have got the said land ..... the legislature has clearly laid down that the amendment taking away substantial rights shall have retrospective application, the court cannot violate the plain and simple language of the amendment act ..... , is that it is well recognized rule of interpretation that in the absence of express words or appropriate language from which retrospective application may be inferred, an amendment which is not procedural in nature and affects substantive rights is always deemed to be ..... on the one hand the learned judge deciding dinesh kumar's case held that the amendment is retrospective, but on the other hand went on to hold that the intention of the legislature did not appear to be to ..... the apex court held as follows:under ordinary circumstances, an act does not have retrospective operation on substantial rights which have become fixed before the date of the commencement ..... held as follows:all laws which affect substantive rights generally operate prospectively and there is a presumption against their retrospectivity if they affect vested rights and obligations unless the legislative intent is clear and compulsive. .....

Kapur Chand Vs. Inspector-general of Police and anr.

Court : Himachal Pradesh

Reported in : AIR1962HP35

..... of india, reported in air 1960 him pra 24, to that case the petitioners had drawn the salary admissible for the higher rank and one of the results of the retrospective order of reversion was that they were required to disgorge the difference between the emoluments admissible for the higher post and those admissible for the post to which they were reduced ..... about without destroying the effectiveness of the good and valid portion of it an officer who had passed the order of reversion with retrospective effect would certainly have passed the order with prospective effect if he had known that the order of reversion could not be made with retrospective effect and it cannot be said that in maintaining the prospective part of the order this court will be substituting its discretion for ..... the portion of the order which purports to de retrospective is being quashed and thus there can be no question of the infliction of a double punishment if as a result of the departmental inquiry some punishment is ..... in so far as it purports to be retrospective has not been held to be a punishment. ..... will have been noticed, was made operative with effect from a back date and it is for consideration if the portion of the order having retrospective effect was in the nature of penalty. ..... the petitioner had become entitled to draw the salary admissible to a sub-inspector selection grade for the period from 1-12-1960 to 21-12-1960 but had lost that right as a result of the retrospective nature of the order. .....

Baldev Singh and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC135

..... 4 went on purchasing lands and the state government without any application of mind has granted retrospective permission approving the said purchases in the year 2001. .....

The State Vs. Debnu and ors.

Court : Himachal Pradesh

Reported in : AIR1957HP52,1957CriLJ1254

..... , i concur with the view of the court below, that the magistrate had no power to record the confession, and the position could not be remedied by the issue of a subsequent notification investing him with powers with retrospective effect. mr. .....

Black Gold Rubber Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... 2003 since the benefit was to be available upto 2007 or for a period of 2 years and as such the petitioner was entitled to the benefit of exemption from the period from 17.8.2004 to 30.9.2004 applying the retrospective nature of the notification and the fact that the petitioner could carry out this expansion upto the year 2007, as per the rules. 22. ..... the assessee's claim to the benefit of new para 4 was opposed by the revenue merely on the grounds that: (i) the later notification was not retrospective and hence would not cover the period prior to 11.6.1982, and (ii) the assessee in the present case having cleared the goods and paid the excise duty could not claim the benefit ..... its mistake that the khasra numbers were wrongly not given though these were recommended and as such fresh notification was issued by the union government, which has the effect of giving retrospective effect and the petitioner was entitled to the benefit of exemption which cannot be denied to him for not fault of his. 21. ..... 5) shows that he had considered the question as to whether the notification had retrospective effect and whether it can be said to be a clarificatory notification or an original notification issued by ..... secondly, as to whether the notification can be said to be applicable retrospectively and as to whether the benefit of subsidy could be granted to the petitioner/unit from the date of issuance of original notification in 2003 or from the date of issuance of the notification in the form of .....

H.P. Tourism Development Corporation Ltd. Vs. Commissioner of Income T ...

Court : Himachal Pradesh

..... 1.4.2004 vide which the second proviso to section 43b stands omitted, was not curative and hence not retrospective in operation relying upon only on the judgment of the hon'ble high court of madras and ignoring all other law on the ..... the afore-stated reasons, we hold that finance act, 2003, to the extent indicated above, is curative in nature, hence, it is retrospective and it would operate with effect from 1st april, 1988 [when the first proviso came to be inserted].7. ..... it is not disputed that in case the deletion of the second proviso is not held to be retrospective then the assessee would not be entitled to deduction of the amount paid as contribution to employees provident fund since the payment was admittedly made after the due date fixed under the employees' provident ..... accordingly, we hold that finance act, 2003, will operate retrospectively with effect from 1st april, 1988 [when the first proviso stood ..... the assessee contended that even though the first proviso came to be inserted with effect from 1st april, 1988, it was entitled to the benefit of that proviso because it operated retrospectively from 1st april, 1984, when section 43-b stood inserted. ..... unintended consequences and to make the section workable, a proviso which supplies an obvious omission in the section and which proviso is required to be read into the section to give the section a reasonable interpretation, it could be read retrospective in operation, particularly to give effect to the section as a whole. .....

Nainu and ors. Vs. Kishan Singh and anr.

Court : Himachal Pradesh

Reported in : AIR1957HP46

..... -p 46 (a), i had occasion to point out : "section 67, transfer of property act, which defines the rights of a mortgagee, as against the mortgagor, so far as the right to maintain a suit for the foreclosure, or sale is concerned, is only procedural and as such, is retrospective in its operation and a mortgagee, claiming under a mortgage executed before the act, can enforce his remedies according to the present section, even though the procedure before the act was different. .....

Sarwan Singh and ors. Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : AIR1960HP24

..... it was conceded at the bar that in none of the reported cases involving reduction in rank was the rank reduced retrospectively and the question as to whether a reduction in rank with retrospective effect entailed penal consequences or not was one of first impression and, after giving careful and anxious consideration, i have been driven to the conclusion that such an order would be tantamount to a punishment inasmuch as ..... consideration if the government of himachal pradesh would have passed a prospective order of reversion if it had known that an order of reversion with retrospective effect would entail penal consequences.the answer to the aforesaid poser must, in my opinion, be in the affirmative. ..... aforesaid: order, it will be found that the petitioners were reverted to the posts of senior clerks; that the reversion took effect not prospectively, but retrospectively, and, lastly, that the seniority list, which was prepared by order dated 19-3-1956 was revised.9. ..... 37-137/57 dated 18-5-1957 (copy of which is annexure f), they were reverted to the posts of senior clerks retrospectively with effect from the date on which they were promoted as assistants and it is that order, which is sought to be quashed ..... less a reasonable opportunity, was afforded to the petitioners to show cause against the proposed order of reversion and that portion of it, which gave effect to it retrospectively, was in conflict with the provisions of clause (2) of article 311 of the constitution of india.13. .....

Narinder Kumar and anr. Vs. Ramesh Kumar and anr.

Court : Himachal Pradesh

Reported in : AIR1995HP87

..... the submission of the learned counsel for the respondents that retrospective effect cannot be given to the definition of tenant as contained in 1987 act cannot be accepted. ..... submissions made by the learned counsel for the appellants, widow alongwith the two sons, who admittedly were residing with rattan chand at the time of his death also succeeded to such tenancy rights, since retrospective effect has been given to the definition of tenant in 1987 act.17. ..... for certain purposes, the act has been made retrospective from the appointed day, namely, 18th august, 1987 and for other purposes, the same is deemed to have come into force on 17th november, 1971. ..... in view of the repeal of 1971 act and by giving retrospective effect to the definition of tenant in 1987 act and requiring disposal of all suits, appeals etc. ..... by virtue of definition of tenant, as contained, therein, which has a retrospective effect, the appellants, who were ordinarily residing with their father rattan chand in the premises, succeeded to the tenancy simultaneously with their mother smt. ..... thus, by a deeming fiction, retrospective effect has been given to the definition of the tenant in 1987 act. ..... barowalia, learned counsel for the plaintiff-respondents has tried to support the decrees passed by the courts below by submitting that the definition of tenant in 1987 act is not retrospective. .....