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Showing contexts for: Curative Statute in Shyam Sunder And Others vs Ram Kumar And Another on 31 July, 2001Matching Fragments
If a new Act is 'to explain" an earlier Act, it would be Without object unless construed retrospective. An Explanatory Act is generally passed to supply an obvious omission or to clear up doubts as to the meaning of the previous Act. It is well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended."
In Keshavlal Jethalal Shah vs Mohanlal Bhagwandas & Anr. [1968 (3) SCR 623], this Court while interpreting section 29(2) of the amending Act, held thus:
"Declaratory enactment declares and clarifies the real intention of the legislature in connection with an earlier existing transaction or enactment, it does not create new rights or obligations. If a statute is curative or merely declaratory of the previous law retrospective operation is generally intended....A clarificatory amendment of this nature will have retrospective effect and therefore, if the principal Act was existing law when the Constitution came into force the amending Act also will be part of the existing law. If a new Act is to explain an earlier Act, it would be without object unless construed retrospective. An explanatory Act is generally passed to supply an obvious omission or to clear up doubts as to the meaning of the previous Act"