Court : Allahabad
..... hence, the cause of action to be considered for compassionate appointment had arisen when the circular of 8.5.1993 was in force and the circular of 2005 being an administrative order was held not to have retrospective effect. ..... any scheme or rule, which comes is always prospective in nature unless the scheme itself provides that it is applicable from retrospective effect. .....
Tag this Judgment!Court : Allahabad
..... to note here that the decisions of the finance committee, governing body as also the office order dated 10 july 2008 clearly recorded in unambiguous terms that the step up in the pay scale would not have retrospective effect. .....
Tag this Judgment!Court : Allahabad
..... explanation 2 to section 2(47) of the act was added by finance act, 2012 with retrospective effect on 1.4.1962 and, consequently, the said provision would be applicable. .....
Tag this Judgment!Court : Allahabad
..... the contention urged by sri krishnaiah, in our opinion, leads to absurd results if the model standing orders become applicable with effect from the date of commencement of the act as it would be giving retrospective effect to the amended model standing orders when the amendment to the act itself making provision in that behalf did not provide for giving any retrospective operation. .....
Tag this Judgment!Court : Allahabad
..... is also not out of place to mention herein that parliament wanted to grant statutory recognition to these orders/instructions/circulars, issued by the department from time to time retrospectively to take care to protect the interests of the revenue by introducing sub-sections (2) and (3) in section 268a of the act. ..... the question whether the instruction no.3 of 2011 dated 09.02.2011 will have retrospective effect on pending appeals filed before 09.02.2011 has engaged the attention of various high courts giving divergent ..... , only instructions were issued by cbdt under section 119 of the act and, in order to give it a legislative measure, a new section 268a was inserted by the finance act, 2008 with retrospective effect from 1st april, 1999 in the income tax act, 1961. ..... 268a was inserted in the act with retrospective effect from 1st april, 1999. ..... this amendment will take effect retrospectively from 1st april, 1999." ..... bombay high court held that the instructions would apply to pending appeals and, therefore, will have a retrospective effect. ..... legislature desired to give statutory effect to all the instructions issued on the subject of monetary limits in regulating filing of appeals retrospectively. 37. ..... legislature in its wisdom clearly desired to give effect to all instructions issued on the subject of monetary limits for regulating filing of appeals retrospectively. ..... was also contended that the instruction was a beneficial piece of legislation and would be applicable retrospectively. .....
Tag this Judgment!Court : Allahabad
..... sri garg further submitted that the provision of section 158 b(b) relating to "undisclosed income" has undergone a change by the finance act, 2002, which has amended the provision with retrospective effect from 01.07.1995. .....
Tag this Judgment!Court : Allahabad
..... cit [2003] 262 itr 407, ignoring the amended provisions of section 142 a in this regard which were applicable with retrospective effect?" 2. .....
Tag this Judgment!Court : Allahabad
..... the consequences and conditions precedent as also the requirement of law in an action founded on the plea of adverse possession have been discussed by courts time and again and a retrospect of some of the important decisions which provides binding guidelines on the aforesaid aspects may be referred to hereinbelow. ..... 1913 act, however, having not been given retrospective effect did not remove the hardship in its entirety created by the decision of privy council in abul fata mohammad (supra) and in some later cases it was held that 1913 act could not be construed as validating .....
Tag this Judgment!Court : Allahabad
..... in certain situations, it may have an impact from a retrospective effect but the same by itself would not be sufficient to be struck down on the ground of unreasonableness if the source of power is referable to a statute or ..... constitutional scheme, however, the statute and/or any direction issued thereunder must be presumed to be prospective unless the retrospectivity is indicated either expressly or by necessary implication. ..... when a policy decision is required to be given a retrospective operation, it must be stated so expressly or by necessary ..... the said government order has no retrospective operation as contended by the learned counsel for ..... well settled that vested rights cannot be taken away by any subsequent statute, rule or scheme unless statute, rule or scheme is expressly made retrospective in nature. ..... well settled that the administrative decision taken by the government or amendment in rules are generally prospective in operation unless they are specifically made retrospective in operation. ..... a matter pending for a long without any justification, the cause of the petitioner which was otherwise acceptable on the date of move, cannot be permitted to be negatived by any change in policy unless that has been given retrospective effect. ..... justification or for any inaction on the part of a claimant/ applicant, his cause which was otherwise acceptable on the date of move, cannot be permitted to be negatived by any change in policy unless that has been given retrospective effect. .....
Tag this Judgment!Court : Allahabad
..... on behalf of the appellants, it has, however, been submitted that (i) the amendment to the rules, which was brought about in 2008, must be regarded as being retrospective and clarificatory; (ii) there has been paucity of candidates holding the btc qualification and the law does not contemplate an impossibility; (iii) upon the enforcement of the national council for teacher education act, 1993 ..... the amendment which was made to the rules of 1978 on 12 june 2008 cannot be regarded as being clarificatory or retrospective in nature. 21. ..... the learned single judge held that the amended rules in question have been enforced on 12 june 2008 and will not apply retrospectively. .....
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