Court : Rajasthan
Reported in : 1975(8)WLN843
..... on the specific points raised in your letter referred to above, the board have made the following observation:para 3 (i), since the orders of 4-3-1957 had no retrospective pffect, there is no question of the seniority list of chargemen prepared on the basis of length of service as en 14-4.1952 being revised on the basis of 4-3-1957 orders. ..... such indication, about retrospective effect, as bas already been pointed out by us, has clearly there, in the impugned provisions.having bestowed my careful consideration i am unable to hold that their lord? ..... , conferred under rule 157; and in the absence of any act, having been passed by the appropriate legislature on the said matter, the rules, framed by the railway board, will have full effect and, if so indicated retrospectively also. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000ACJ963; 1999(1)WLC551; 1998(1)WLN641
..... rendered by the learned judges constituting the division bench of madhya pradesh high court in case of rajni bai 1997 acj 690 (mp), wherein section 140 of the act of 1988 is declared to be retrospective in its operation, being beneficial piece of legislation and enhanced compensation under amended sub-section (2) of section 140 of the said act had been awarded, although in those cases accident occurred prior to ..... if, for argument sake, intention of parliament is not clear even then i am satisfied that it is not compulsive to hold the operation of sub-section (2) of section 140 of the act of 1988 to be retrospective, causing violence to the clear language with which it is couched and also causing prejudices to the vested rights, obligations and liabilities already accrued on the date of accident to the owner qua insurer of the vehicle ..... mind, for the reasons stated hereinabove, parliament had not chosen to make the provisions of sub-section (2) of section 140 of the act of 1988 to be retrospective in its operation though it is beneficial piece of legislation.as a result of aforementioned discussion, these appeals are partly allowed and the award for interim compensation ..... (allahabad), based on apex court decisions holding that operation of amended section 92-a of the old act of 1939 corresponding to section 140 of the new act of 1988 is not retrospective in its operation and liability to pay compensation gave rise from that date when its payment became due on owner qua insurer.41. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]131STC176(Raj); 2003(1)WLN281
..... but also to avail such benefits in future up to a specified limit and within specified period if such right has come into existence, whether as a result of any subsequent amendment, which is not retrospective in operation, can such right be truncated or altered such controversy as appears from the report was neither raised nor decided by the court in kasinka trading case : 1994ecr637(sc) ..... both as a delegate of the state legislature as well as the parliament for conferring certain benefits vide notification dated april 7, 1978, can have power to modify the same retrospectively by issuing a composite notification subsequently under the very same powers or at any rate such notification can be read, without any clear expression to that effect, to have ..... has held while considering the like provision of section 4(2) of the rajasthan sales tax act, 1954 that state government can issue the notification granting exemption retrospectively with any condition it likes, but the said section does not contemplate withdrawal of exemption later on by putting any condition. ..... apex court reiterated that 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 affects 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 clearly .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(3)WLC233; 1997(1)WLN657
..... non-deposit of the amount of instalments; (ii) proviso to rule 13-a(5)(iii) is ultra-vires of the provisions of the constitution as well as of section 14 of the rajasthan colonisation act; (iii) the amendment cannot be given retrospective operation and, thus, cannot be made applicable to the allotments made prior to the date the amendment came into force; (iv) the alteration in the conditions cannot be made without the consent of the contracting parties; (v) interest ..... rules of 1996 came into force as well as to allotments made after coming into force of the above mentioned rules, and on the general principles that a rule cannot be applied retrospectively, unless expressly provided by the statute, the proviso in question is in-effective and in-operative in respect of allotments made before coming into the force of amendment rules of 1996. ..... these expressions are related to time frame and all that they indicate is that what is called 'retrospective' can apply to subsequent events as well as to past events and what is only 'prospective' can apply only to the ..... ' therefore, it was held by the supreme court that' the amended statute, unless it may have retrospective effect, cannot create new disability or right or duty in respect of the transactions which were completed at the time when ..... should be declared to be in-applicable to the allotments made prior to 1st march, 96 on the ground that the impugned provisions are not retrospective and their operation does not appear to have any force. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj90
..... further submits that the rajasthan government being only a delegated authority and not the legislature itself could not make a subsidiary piece of legislation as could be retrospective in operation, or could be retro-active so as to affect the past transactions which created rights in favour of a party ..... . 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 ..... ride and materially affect the terms of contracts between the parties, but unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf, no provision of a statute should be given retrospective operation if by such operation vested rights are likely to be affected ..... was observed in air 1964 sc 1511, as follows:'where vested rights are affected by any statutory provision, the said provision should normally be construed to be prospective in operation and not retrospective, unless the provision in question relates merely to a procedural matter ..... . to supplement what shri agarwal submitted about the retrospective legislation shri hastimal drew our attention to some passages from maxwell on interpretation ..... . as already observed this order is not retrospective and could not have furnished am advance basis for the government to issue instructions and thereby impose a ban on exports of foodgrains in question in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN290
..... which the rules are made to operate must be shown to bear either from the face of the rules or by extrinsic evidence, reasonable nexus with the provisions contained in the rules, especially when the retrospective effect extends over a long period as in this case.today's equals cannot be made unequal by saying that they were unequal 20 years ago and we will restore that position by making a law today and ..... to navigate around these two obstacles of article 311 & article 14 that the amending act is sought to be made retrospective, to bring about an artificial situation as if the erstwhile municipal employees never became members of a service under the state ..... the legislature is undoubtedly competent to legislate with retrospective effect to take away or impair any vested right acquired under existing laws are made under a written constitution, and have to conform the dos and dont's of the constitution, neither prospective or retrospective laws can be made so as to satisfy the requirements to ..... court held (scc head-note).since the governor, exercises the legislative power under the proviso to article 309 of the constitution, it is open to him to give retrospective operation to the rules made under that provision. ..... the best solution in the peculiar circumstances of that case, ft was further observed that in order to rectify the imbalances and anomalies caused by the compartmentalised and groupwise seniority, it was necessary to give retrospective effect to the combined seniority list. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj161
..... . we have closely examined the new regulation enacted by the vice-chancellor and are unable to hold from its language that it is expressly or by necessary intendment retrospective in its operation in the sense that it deprives a candidate of the benefit of the old regulation 38 which he had doubtless acquired, it being already in force in the case of the petitioner when he had taken his annual ..... resultant position is that the state government was and would be perfectly competent to issue a removal of difficulties order within the ambit of section 39 of the act so as to be retrospective with effect from the 12th june, 1962, which was the date of the commencement of the act. as to i (c) : 19. ..... did not repeal its old counter-part and both can stand together and the petitioner's case is properly governable by it and in any event it cannot be given retrospective effect so as to adversely affect the rights of the petitioner who had already taken his second year b. e. ..... , it is a fundamental principle of indian no less than english law relating to the interpretation of statutes that a statute should have a prospective and not a retrospective effect and that it shall not be construed so as to have a retrospective operation unless its language is such as plainly and necessarily to require such a construction ..... a sub-delegate like the vice-chancellor was hardly competent in law to give a retrospective operation to any regulation made by him within the scope of his legitimate authority .....
Tag this Judgment!Court : Rajasthan
Reported in : [2006]146STC310(Raj)
..... and in absence of it, there is no question of charging interest on the basis of the procedural provisions and even if the amendment as has been made is taken into consideration since it has not been given the retrospective effect though the legislature was competent to give retrospective effect to it, the same does not clothe the said assessing authority to levy interest for the period in past or in future on the basis of this amendment.10. mr. j.n. ..... it was a case in which the notice for assessment was issued on the respondent in february, 1966 in respect of assessment year 1957-58 on the strength of retrospective amendment of section 12 of the rajasthan sales tax act, 1954 by which the limitation period for reopening the assessment was extended from 4 to 8 years from the end of ..... payment of cst was prospective in nature; the validating act without curing the defect pointed out by the supreme court and failing to amend the section 9 of the central sales tax act retrospectively cannot stand the scrutiny of this court as validation without a corresponding retrospective amendment curing the defect is invalid for the reason that it would entail trenching on judicial forum. ..... clause 120 of the act of 2000 which purports to validate the imposition or collection of interest before the commencement of the said section for all purposes retrospectively without any limitation of time and is violative of articles 14 and 19(l)(g) of the sub-clause (2) of clause 120 of the act of 2000.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj8; 1983()WLN228
..... in support of his appeal, before the civil judge, on behalf of the petitioner it was submitted that the amendments introduced in section 6 of the act by the amendment act should be construed as having retrospective operation and that if thus construed the petitioner was entitled to take the benefit of the amendments introduced in the first proviso to sub-section (2) of section 6 of the act and that as the shop was given on rent of ..... -baiah choudbary, air 1957 sc 540 observed as follows:'the golden rule of construction is that, in the absence of anything in the enactment to show that it is to have retrospective operation, it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed. ..... on behalf of the non-petitioner (tenant) it was argued that the amendments introduced in section 6 of the act by the ordinace do not have retrospective operation and as such the said amendments are not applicable to the suit as well as the appeal of the petitioner arising out of the suit, which was pending before the civil judge at the time ..... according to the principles laid down in lachmeshwar's case, it would be further necessary to ascertain whether the amendments which have been introduced in section 6 of the act by the ordinance and the amendment act are intended to be retrospective in operation so as to apply to suits, appeals and applications for revision pending on the date; when the said amendments 'were introduced. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1992Raj108; 1991(2)WLC540; 1990WLN(UC)377
..... interest in obtaining adequate revenues, but also because taxes are not in the nature of a penalty or a contractual obligation but rather a means of apportioning the costs of government amongst those who benefit from it.in testing whether a retrospective imposition of a tax operates so harshly as to violate fundamental rights under article 19(1)(g), the factors considered relevant include the context in which retroactivity was contemplated such as whether the law is one of validation of taxing statute struck down ..... of time with the law maker's meaning and purpose the legitimate means of setting things right is to enact a new interpretation act.therefore, to say that the legislature cannot bring the taxing statute from retrospective effect is not correct as in ujagar print's case (air 1989 sc 516) (supra), their lordships of the supreme court have categorically held that in such event the statute can be brought ..... the petitioner has brought to our notice various difficulties and high handed actions of the taking authorities namely that in some of the cases the time table was not given but it was given retrospectively, in some case the time table has been stayed by the orders of the competent courts still the vehicle has been taxed. ..... position was reaffirmed by the constitutional bench of the supreme court and it has been laid down that the legislature is competent to make law retrospectively also in the relevant entry under the constitution, it was observed as under (at p. .....
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