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Showing contexts for: Infrastructure Development in Delhi State Industrial And ... vs Parmood Kumar & Anr. on 6 September, 2024Matching Fragments
MRS. MAMTA AGRAWAL, W/O LATE MR. PARMOD KUMAR, R/O, J-44, PATEL NAGAR-I, GHAZIABAD (UP)
2. MR. SHIKHAR AGRAWAL, S/O LATE MR. PARMOD KUMAR, R/O, J-44, PATEL NAGAR-I, GHAZIABAD (UP)
3. MS. ISHITA AGRAWAL, D/O LATE MR. PARMOD KUMAR R/O, J-44, PATEL NAGAR-I, GHAZIABAD (UP) ....NON-APPLICANTS/ RESPONDENTS A/564/2024 DOD:06.09.2024 DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. VS. PARMOD KUMAR CORAM:
6. The repeal of a law shall not affect the previous operation of any enactment i.e. the proceedings under Consumer Protection Act, 1986 shall continue for cases which had been filed prior to the implementation of Consumer Protection Act, 2019 on 20.07.2020. The same can be gauged through the repeal and saving section (Section 107) of the Consumer Protection Act, 2019 which has been reproduced below:
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder"
8. Moreover, unless the legislature explicitly provides that the amendment is retrospective in nature, it will be considered prospective. The aforesaid view has been taken by the Apex Court A/564/2024 DOD:06.09.2024 DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. VS. PARMOD KUMAR in the case of CIT v. Vatika Township (P) Ltd. reported in (2015) 1 SCC 1 wherein the Court discussed the proviso to Section 113 of the Income Tax Act, 1961 and held that it was prospective and not retrospective. While deciding the case, the Constitution Bench laid down certain general principles which have been reproduced as under:
29. The obvious basis of the principle against retrospectivity is the principle of "fairness", which must be the basis of every legal rule as was observed in L'OfficeCherifien des Phosphates v. Yamashita- Shinnihon Steamship Co. Ltd. [L'OfficeCherifien des Phosphates v. Yamashita-Shinnihon Steamship Co. Ltd., (1994) 1 AC 486 : (1994) 2 WLR 39 : (1994) 1 All ER 20 (HL)] Thus, legislations which modified accrued rights or which impose obligations or impose new A/564/2024 DOD:06.09.2024 DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. VS. PARMOD KUMAR duties or attach a new disability have to be treated as prospective unless the legislative intent is clearly to give the enactment a retrospective effect; unless the legislation is for purpose of supplying an obvious omission in a former legislation or to explain a former legislation. We need not note the cornucopia of case law available on the subject because aforesaid legal position clearly emerges from the various decisions and this legal position was conceded by the counsel for the parties. In any case, we shall refer to few judgments containing this dicta, a little later."