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
statute declared as unconstitutional. Occasion may arise for amendment of a taxing statute for curing the defective provisions of a taxing statute which come ... light in legal proceedings. A curative Act is generally given retrospective operation. When dealing with curative statutes, the courts have consistently held that the legislative
construed. If, however, of
statute do not of themselves make the 'certaino1'..
clear, the statute will be presumed
While considering the question ... retr:osp'eVct'ive ,_iri
operation. Curative statutes are:=.Aobviou?sly',retroalc'tive,&
hence entitled, as a generalr
common law or the
meaning of effect of any statute and it was,
therefore, not a declaratory Act."
32. Next he referred ... previous Act. It is well settled
that if a statute is curative or merely
declaratory of the previous law retrospective
operation is generally intended
given case could be given retrospective effect if it is a curative statute which merely declared the previous law. In the reported decision in Bharat ... deprived of earlier. He therefore contends that the amendment is declaratory and curative in nature and hence the same is applicable retrospectively.
33. The provisions
those declaring the meaning of an existing statute. But there are other kinds of statutes, for example, curative statutes, which also are usually retrospective. Therefore
M/S Jamkhandi Sugars Limited vs The Union Of India on 25 April, 2024
Author
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
statute declared as unconstitutional. Occasion may arise for amendment of a taxing statute for curing the defective provisions of a taxing statute which come ... light in legal proceedings. A curative Act is generally given retrospective operation. When dealing with curative statutes, the courts have consistently held that the legislative
