that the amendment apart from being procedural is purely declaratory and curative statute, brought into effect to clear up an obvious error and to clear ... only relates to a procedural law, the same being declaratory or curative statute would operate retrospectively i.e. would apply in respect of all pending
nature of 'curative statute', the policy should be and usually is retro active or retrospective. The reason for this thinking appears ... inequitable results. The thinking of the Courts seems to be 'curative statutes' normally retroactive and a fresh statutes are prospective. Thus where
meet this argument by contending that the amending Act was a curative statute and could not affect vested rights or validate an act originally done ... rights of third parties."
"On the other hand a curative statute cannot validate an act originally done without authority."
38. It seems
declaratory, but it can be said to be curative statute, as it
wants to correct the position of standard of saccharine with
reference ... applicable to curative or declaratory statutes. In the case at
hand also, statute in question is a curative statute hence, in
view of aforesaid judgment
Shyam Sunder And Others vs Ram Kumar And Another on 30 July, 2001
Author: V
Shyam Sunder And Others vs Ram Kumar And Another on 31 July, 2001
Equivalent citations
Gujarat High Court in the above case held the amendment
to be curative and explanatory and hence retrospective. The
Patna High Court has also held ... Page
291, "It is well settled that if a statute curative or
merely declaratory of the previous law retrospective
operation is generally intended
previous Act. It is well settled that if a statute
is curative or merely declaratory of the
previous law retrospective operation is
generally intended ... previous Act. It is well settled that if a statute
is curative or merely declaratory of the
previous law retrospective operation is
generally intended
also be made retrospective. If in the light of
such validating and curative exercise made by
the legislature - granting legislative
competence - the earlier judgment becomes ... individual
can acquire a vested right from a defect in a
statute and seek a windfall from the
legislature's mistakes. Validity of legislations
statute. The right to be elected was created by a statute and, thus,
can be taken away by a statute. It is now well settled ... Union of India17 , it was held that:
“Declaratory, clarificatory or curative Statutes are allowed to
hold sway in the past. The very nature
