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Allied Exports & Imports, Gudur Nellore ... vs State Of Andhra Pradesh, Hyderabad on 14 October, 1970

Mr. Nain also relied on paras 36,43,42 and 45 of the case of M/.s. Allied_Exports & Imports, v. State of Andhra Pradesh, . It is not necessary to deal with this case as the amendment of the law here is entirely on a different basis and ultimately each provision of the law has to be construed in the light of the language that is used in each Section. The argument is that a right vested or where a right is enjoyed, whether present or future, cannot be taken away unless the intention of the Legislature is clear.
Andhra HC (Pre-Telangana) Cites 56 - Cited by 11 - Full Document

Sree Bank Ltd vs Sarkar Dutt Roy And Co on 9 April, 1965

11. Mr. Nain also relied on the case of Sree Bank Ltd. v. Sarkar Dutt Roy & Co., . The relevant observation on which Mr. Nain relied on are at para four of the said judgment. But in this very judgment it is made clear that if a statute is passed with the object of protecting the public against some evil or abuse, it may be allowed to operate retrospectively, even if by such operation it will deprive some person or persons of a vested right. In the present case, the Statement of Objects and Reasons clearly shows that the law was amended to prevent the abuse of the law. If the argument of retrospectivity is relevant, then the answer can be found in the said Statement of Objects and Reasons. According to me, there is no question of the Section being made operative retrospectively or prospectively. The Section merely sets out as to what is the rate of interest which a party can claim if an instrument is silent as to the rate of interest and the amount is unpaid and in that event the party can claim interest at the rate mentioned in the statute from the date on which the amount ought to have been paid.
Supreme Court of India Cites 28 - Cited by 51 - Full Document
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