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
secure such right."
Craies on Statute Law (7th Edn.) at p. 396 observes
that:
"If a statute is passed for the purpose ... State of Haryana & Anr. (2004 (12)
SCC 588).
Curative Statutes are by their very nature intended to
operate upon and affect past transactions. Curative
statute is to affect
vested rights or to impose new burdens or to impair
existing obligations. Unless there are words in the
statute sufficient ... previous Act. It is
well settled that if a statute is curative or merely
declaratory of the previous law retrospective
operation is generally intended
disease in man or other animals; a substance supposed to possess curative or remedial properties; a combination of drugs in largely varying proportions ... purchases of which are liable to be taxed given in a statute, unless defined in the statute, must be construed not in a technical sense
each case is one of the construction and
comparison of the two statutes. The Court leans against implying a
repeal, "unless two Acts ... Craies on Statute Law, Seventh Edition, page
366, with reference to Re: Berrey (1936) Ch. 274). To determine
whether a later statute repeals by implication
M/S Transcore vs Union Of India & Anr on 29 November, 2006
Equivalent citations
Ashoka Kumar Thakur vs Union Of India & Ors on 10 April, 2008
Author: K
Ram Narain Popli vs Central Bureau Of Investigation on 14 January, 2003
Equivalent citations: AIR
Rameshbhai Chandubhai Rathod vs State Of Gujarat on 27 April, 2009
Author: Arijit Pasayat
Bench
certain latitude or liberty accorded by statute or rules to a
judge as distinguished from a ministerial or administrative official, in
adjudicating on matters brought ... somewhat
different forms of words but with substantial identity. When a statute
gives a judge a discretion, what is meant is a judicial discretion,
regulated
