Vijay vs State Of Maharashtra & Ors on 26 July, 2006
Indian Tobacco Association, [(2005) 7 SCC 396], the doctrine of fairness was held to
be relevant factor to construe a statute conferring a benefit, in the context of it to be
given a 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 of
Maharashtra & Ors., [(2006) 6 SCC 289]. It was held that where a law is enacted
for the benefit of community as a whole, even in the absence of a provision the
statute may be held to be retrospective in nature. However, we are (sic not)
confronted with any such situation here.