Court : Guwahati
..... only important point that arises in the case is whether sanction for the prosecution of the petitions, which was obtained admittedly after the institution of the proceedings against him, can validate the proceedings with retrospective effect.3. .....
Tag this Judgment!Court : Guwahati
..... the same rule governs the applicability of an amending statute to a pending action and provisions which touch a right in existence at the passing of the statute should not be applied retrospectively in the absence of express enactment or necessary intendment.' 9. ..... statute which takes away or impairs vested rights acquired under existing laws or creates a new obligation, or imposes a new duty or attaches a new disability in respect of transactions or considerations already past, must be presumed to be intended not to have a retrospective operation. ..... 102 : '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. ..... on general principles, also the amended provision should not have any retrospective effect. .....
Tag this Judgment!Court : Guwahati
..... of the privy council held that though the right of appeal to his majesty-in-council had been taken away by the australian commonwealth judiciary act, 1903, yet the act was not retrospective and the right of appeal to his majesty in a suit pending when the act was passed was not taken away. ..... i agree with him that article 227 of the constitution of india is not retrospective in its operation and the petition moved in this case may be rejected on that ..... for reasons given above my conclusion is that article 227 has got no retrospective effect and cannot apply to a proceeding which was pending immediately before the date on which the constitution came into force and the rights of the parties in regard to that proceeding shall be regulated ..... arises from the argument advanced is whether article 227 has any retrospective operation and if so to what extent. 6. ..... retrospective effect and if, therefore, an act was done before the commencement of the constitution in contravention of the provisions of any law which on the enforcement of the constitution becomes void, with respect to the exercise of any of the fundamental rights, the inconsistent law is not wiped out so far as the past act is concerned, for to say that, it will be to give the law retrospective effect ..... the constitution would not apply to a pending proceeding as that would involve retrospective application of the article. ..... prima facie prospective unless it is expressly or by necessary implications made to have retrospective operation. .....
Tag this Judgment!Court : Guwahati
..... on behalf of the decree, holder, two contentions were raised, namely,-(1) that the act was not intended to have any retrospective effect, and that in any case, it could not be applied to pending proceedings; and (2) that the act itself was ultra vires inasmuch as it offended against certain provisions contained in the constitution. .....
Tag this Judgment!Court : Guwahati
..... it was not permitted to have retrospective effect. .....
Tag this Judgment!Court : Guwahati
..... brojendra kishorc roy, air 1939 cal 628 (a), to show that unless the parent act itself clearly authorised the issue of a notification with retrospective effect it must be presumed that such a notification is forbidden, or in other words inoperative in its effect. ..... lahiri was that the notification of 19-1-1953 limiting the jurisdiction of special judges could not have been retrospective in its operation and once the jurisdiction to try the case vested in mr. .....
Tag this Judgment!Court : Guwahati
..... 1 nor give retrospective effect to the resolution.to us, it seems that this objection is technical. .....
Tag this Judgment!Court : Guwahati
..... lie also urges that section 7 has no retrospective effect.6. .....
Tag this Judgment!Court : Guwahati
..... in a case when the amendment is allowed it would act retrospectively as provided under sub-rule (2) of rule 17. ..... there is a further fact that in the earlier code of civil procedure 1882, there was no provision like the one of the present code under sub-rule (2), rule 17, order 21 which gives the amendment a retrospective effect. .....
Tag this Judgment!Court : Guwahati
..... date when the award came into existence, there was no provision under which the award could be enforced, it is not open to the petitioner to apply for the enforcement of the award under section 33(c)(2) as it would be giving retrospective effect to the provisions of the said section.section 33(c) is only a procedural section; it provides the procedure for the enforcement of the award and there is nothing in section 33(c) which makes it applicable only to the awards given after ..... clauses act; because their lordships purported to decide the case on the assumption that such a power of amendment or modification within the meaning of section 21 was vested in the state government; but it could not have any retrospective operation so as to validate an award, which had been made after the expiry of the time specified in the original order and before the date of the amending order, during which period the adjudicator became functus ..... an act is ordinarily prospective and retrospective effect cannot be given to an amending^ act so as to affect the settled rights under the unamended act. ..... it was therefore not open to the petitioner to apply for a reference to the labour court under section 33(c)(2) as it would be giving retrospective effect to the provisions of section 33(c). .....
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