previous Act. It is well settled
that if a statute is curative or merely declaratory of the
previous law, retrospective operation is generally
intended ... authorities, the following principles could be
culled out:
i) If a statute is curative or merely clarificatory of the previous law,
retrospective operation thereof
previous
Act. It is well settled that if a statute is curative or merely
declaratory of the previous law retrospective operation is
generally intended ... Union of India , it was held that:
"Declaratory, clarificatory or curative Statutes are allowed to
hold sway in the past. The very nature
Apex Court affirmed
the impugned judgements by saying that if a statute is curative or
merely clarificatory of the previous law retrospective operation
18
thereof ... culled out by the Apex
Court as follows-
i) If a statute is curative or merely clarificatory of the previous
law, retrospective operation thereof
procedure or of Forum, they carry retrospective impact. Declaratory, clarificatory or curative Statutes are allowed to hold sway in the past. The very nature
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
amendment by substitution
being incorporated in the text of a statute
which had ceased to exist and held that the
substitution would have the effect ... previous Act. It is well
settled that if a statute is curative or merely
declaratory of the previous law
retrospective operation is generally
intended
observations of the Apex Court, it is clear that if a statute is
curative in nature or merely declaratory of the previous law, retrospective
operation ... construed as prospective. Therefore,
relying on the principles of interpretation of statutes as has been adumbrated
by Hon'ble Apex Court supra
taken to be retrospective. It is well
settled that if a statute is curative or merely declaratory of the
previous law, retrospective operation is intended
M/S Sureshchandra Dhulabhai Patel vs Secretary, Industries And Mines ... on 30 November, 2023
Author
Yogashram Cooperative Housing Society ... vs Ashish Kiritkumar Purani on 4 August, 2023
Author: Bhargav D