Judgment Search Results Home > Cases Phrase: retrospective Court: himachal pradesh Page 9 of about 156 results (0.017 seconds)

Rajan Bus Service Pvt. Ltd. Vs. Parhalad Chand Sharma and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ804

..... in all these decisions the view taken is that unless the new act expressly or by necessary implication makes the provision applicable retrospectively, the right to appeal will crystallise in the appellant on the institution of the application in the tribunal of first instance and that vested right of appeal would not be dislodged by the enactment of the new act. ..... the learned bench held that the amended provision of section 140(2) of the motor vehicles act, 1988, was retrospective in its application and, therefore, the claimants were held entitled to compensation of rs. ..... therefore, the contention of the learned counsel that the provisions of the 1988 act and also amendment act of 1994 shall be made retrospectively applicable in the instant appeals shall stand rejected.17. ..... 140 and 141 of the motor vehicles act, 1988, as section 140 of the motor vehicles act, 1988, stands amended from 14.11.1994 and therefore, the provisions of the amended act should have been given retrospective effect. .....

Jai Kumar Muni Chand Vs. Commissioner of Income Tax

Court : Himachal Pradesh

Reported in : (2008)214CTR(HP)417,[2008]303ITR133(HP)

..... however, by way of amendment, that too with retrospective effect, the rate of sales-tax was enhanced. ..... the rate of sales-tax was enhanced by a retrospective amendment to the h.p. .....

Manohar Lal Sharma Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

..... the action of the respondents of retiring the petitioner from retrospective date on the basis of annexure a-1 is violative of articles 14 and 16 of the constitution of india. ..... however, vide annexure a-1 dated 24.3.2006, he was retired retrospectively with effect from 30.4.2004. .....

Pradeep Kumar Abrol Vs. Rakesh Seth

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC285

..... ]1scr428 , 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. ..... which has to be decided, is whether the amendment, which was incorporated with effect from 6.2.2003 would have retrospective effect and could be applied to complaints instituted prior to the said date. ..... substantive rights are affected the law is not given retrospective effect unless there is special provision in this regard. ..... hence the question whether a statutory provision has retrospective effect or not depends primarily on the language in which it ..... in other words a change in the law of procedure operates retrospectively and unlike the law relating to vested right is not only ..... such retrospective effect may be given where there are express words giving retrospective effect or where the language used necessarily implies that such retrospective operation ..... is not clear then the court has to decide whether in the light of the surrounding circumstances retrospective effect should be given to it or not.9. mr. ..... that the technical plea of limitation would not survive and that limitation being a matter of procedure the amendment would have retrospective effect.8. mr. ..... on behalf of the complainant that the amendment empowering the court to condone the delay is procedural in nature and therefore will apply with retrospective effect.6. .....

Commissioner, Central Excise Vs. Fermenta Pharma Biodil Ltd.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC290

..... 2 we hold that cegat should have taken into account the amended provisions of section 11-a which had been amended with retrospective effect vide section 10 of the finance act of 2000.the result would be that the period of limitation for which recovery can be made would be one year and not six months as held by the cegat ..... is not disputed that though the amendment was brought in by the finance act of 2000, it was given retrospective effect and was brought into force from 17.11.1980 the date on which section 11-a was introduced.8. ..... of central excise, coimbatore : 2003(152)elt39(sc) , has clearly held that this amendment has been given retrospective effect and the said amendment has been upheld. ..... is done by re-enacting retrospectively a valid and legal provision ..... as amendment is given retrospective effect, it would be applicable to all the ..... shall now take up the second question first since we will first have to decide whether the amended provisions of section 11-a as amended by section 10 of the finance act, 2000 have retrospective effect or not.7. ..... of the case ceget ought to have taken into account section 110 of the finance act, 2000 which seeks to validate certain actions taken under section 11-a of the central excise act, 1944 with retrospective effect?2. ..... also well settled law that the legislature can always render a judicial decision ineffective by enacting a valid law on the topic within its legislative field by fundamentally altering or changing its character retrospectively. .....

New India Assurance Company Ltd. Vs. Nand Lal and anr.

Court : Himachal Pradesh

Reported in : II(2006)ACC466,2006(3)ShimLC218

..... it is a fundamental rule of english law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the act or arises by necessary distinct implication.9. ..... they are construed as operating only in cases or on facts which come into existence after the statutes were passed unless a retrospective effect is clearly intended. ..... 215, regarding retrospective operation of statutes in the following terms:upon the presumption that the legislature does not intend that is unjust rests the leaning against giving certain statutes a retrospective operation. ..... we say so as if retrospective operation is given to the amended schedule, it will take away the rights of the parties, namely, the owner as well as the insurance company, in this regard. .....

Lalla Ram Vs. Naresh Chand and anr.

Court : Himachal Pradesh

Reported in : AIR1952HP28

..... section 4 of the punjab urban rent restriction act (vi (6) of 1947), and that in a suit filed by him against the tenant for recovery of certain arreas of rent it was held that the rent, controller could not give retrospective effect to his order and therefore arrears of rent at the enhanced rate could only be calculated from the date of the controller's order. ..... the learned district judge decreed each of the two suits 'in toto' holding that the plaintiff was entitled to recover the rent at the agreed rate as the controller's decision had no retrospective effect, and that the second suit was not barred under order 2 rule 2(2), c. p. ..... there is no doubt that it is not within the province of the controller to give effect to his order from any particular date, retrospective or prospective, for all that he is required to do u/s. ..... so far therefore as the ruling purports to lay down that a rent controller cannot give a retrospective effect to his order i am in agreement with it; but i do not (sic) the controller's order have a retrospective effect. .....

Nandu Ram Vs. Jagannath Parshotam Das and anr.

Court : Himachal Pradesh

Reported in : AIR1953HP55

..... the said view expressed by me in -- 'lalla ram's case', in air 1952 him p & b 28, which was as follows: 'there is no doubt that it is not within the province of the controller to give effect to his order from any particular date, retrospective or prospective, for all that he is required to do under section 4 of the 1949 or the 1947 act is to determine the fair rent after taking into consideration certain facts mentioned in the section. ..... but certain results follow from the fixation of fair rent, and the question of whether the order will have a retrospective or a prospective effect will depend upon the facts and circumstances of the case in which the question arises. ..... no question of giving a retrospective or a prospective effect to the order of fixation of rent thus arises. ..... and it was in that, circumstance that it was held that the landlord cannot claim rent at the enhanced rate by giving the act a retrospective effect. .....

Oriental Insurance Co. Ltd. Vs. Vidya Devi and ors.

Court : Himachal Pradesh

Reported in : 2005ACJ2105

..... or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of the central government, by such officer or authority to any other officer or authority;(c) any provision of such scheme may operate with retrospective effect from a date not earlier than the date of establishment of the solatium fund under the motor vehicles act, 1939 (4 of 1939) as it stood immediately before the commencement of this act:provided that no such ..... praneet gupta, learned counsel submits that this is a beneficial piece of legislation and should be given retrospective effect.14. ..... 25,000 which was made in the year 1994 cannot be given retrospective effect.13. ..... ahmedkutty, 1987 acj 872 (sc), held that the provisions amending section 92-a of the motor vehicles act, 1939 cannot be applied retrospectively. .....

New India Assurance Co. Ltd. Vs. Sunita Devi and ors.

Court : Himachal Pradesh

Reported in : IV(2005)ACC232,2006ACJ1036

..... it is a fundamental rule of english law that no statute shall be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the act or arises by necessary and distinct implication. ..... further, it is by now well settled that unless the amended provision is made retrospectively applicable, it has to be prospective in its application. ..... they are construed as operating only in cases or on facts which come into existence after the statutes were passed unless a retrospective effect is clearly intended. ..... 215, regarding retrospective operation of statutes in the following terms:'upon the presumption that the legislature does not intend that is unjust rests the leaning against giving certain statutes a retrospective operation. ..... we say so as if retrospective operation is given to the amended schedule, it will take away the rights of the parties, namely, the owner as well as the insurance company, in this regard. ..... reason being that the amendment of substantive provision of law, which enhances financial liability, cannot be said to be procedural in nature, so as to make it retrospectively applicable. ..... 15.9.1995, has to be treated as retrospectively applicable. .....