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
effect in its own right adding an
amending Central Act to the statute book.
Shri A. K. Sen pressed passages from Jawaharmal (supra), but
some ... enactment by reference and incorporation. It is correct to
contend that curative-statutes and validating exercises,
unless the process is explicit enough and permissible
otherwise
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
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
Constitution
bench merely followed the said principle of interpretation of statute.
A different situation has arisen now having regard to the fact hat
not only ... given in case of curative and validating statute. In fact
curative statutes by their very nature are intended to operate upon
and affect past transaction