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Showing contexts for: curative amendment in International Airports Authority vs P.K. Srivastava on 9 October, 1985Matching Fragments
13. It was submitted by Mr. Talsania, learned advocate for the petitioner, that the subsequent amendment of section 2(a)(i) as a result of which the International Airports Authority of India is added to the list of statutory corporations in section 2(a)(i) is an amendment which is clarificatory in nature. He relied upon the Statement of Objects and Reasons relating to the said amendment, where it is stated that this part of the amendment is being made in order to remove certain difficulties which have been experienced. He, therefore, submitted that since the amendment merely clarifies what was already contained in the definition the amendment must be given a retrospective effect and should be applied even in cases of a reference which was made prior to the coming into operation of the amendment. This submission does not appear to be correct. In the first place there is nothing to show that the amendment is merely clarificatory. The Statement of Objects and Reasons shows that the amendment was made in order to remove certain difficulties. It is, therefore, more curative than clarificatory. Such a curative amendment, in the absence of any express words to that effect in the amending statute, cannot be given a retrospective operation.