conditions."
It has further been observed that when the statute if remedial or curative, the classification is legal if it includes within the class ... however clear from the discussion at page 338 that curative statutes were treated to be general legislation.
On the other hand a constitutional provision forbidding
Dlf Ltd And Ors vs State Of Haryana And Ors on 18 February, 2015
Equivalent
nature and words of the enactment, or when the statute or amendment is curative or remedial in its nature, or when it relates to procedure ... does not contain language clearly showing a contrary intention.
(6) Curative statutes are enacted with the object of curing or correcting errors or irregularities
statement of the common law or in the
interpretation of statutes. Usually, if not
invariably, such an Act contains a preamble, and
also the word ... previous Act. It is well settled that if a statute is
curative or merely declaratory of the previous law
retrospective operation is generally intended
caption 'Declaratory Statute' were approved by their Lordships:-
" The presumption against retrospective operation is not applicable to declaration statutes. As stated ... previous Act. It is well settled that if a statute is curative or merely declaratory of the previous law retrospective operation is generally intended
Rakesh Kumar And Others vs State Of Haryana And Others on 6 November, 2019
Author
enacted. It is well settled that if a statute is curative or merely declares the previous law retroactive operation would be more rightly ascribed
Amrit Banaspati Company Ltd vs State Of Punjab And Another on 7 August, 2015
Author
retrospective operation. The same doctrine
of fairness, to hold that a statute was retrospective in nature, was applied
in the case of Vijay v. State ... authorities, the following principles could be
culled out:
i) If a statute is curative or merely clarificatory of the previous
law, retrospective operation thereof
authorities, the following principles could
be culled out:
i) If a statute is curative or merely clarificatory of the
previous law, retrospective operation thereof ... explanation, the Court is not bound by the said
statement in the statute itself, but must proceed to analyse
the nature of the amendment
