expressed in the Notification itself. There is distinction between retrospective
and retroactive statute. While the provisions of the legislation may be
retroactive ie. to cover ... above decisions, it is clear that amendatory statutes,
like original statutes, will not be given retroactive construction, unless the
language clearly makes such construction necessary
other law. A distinction was also drawn between retrospective and retroactive statute. While the provisions of the legislation may be retroactive, i.e., to cover ... amendment usually operates prospectively. The apex court has also observed that a statute dealing with substantive rights differs from a statute which relates to procedures
Thus, whereas the prospective statute operates
from the date of its enactments conferring new rights,
the retrospective statute operates backwards and
takes ... away or impairs vested rights acquired under
the existing laws. A retroactive statute is one that does
not operate retrospectively, however depending upon
the status
Thus, whereas the prospective statute operates
from the date of its enactments conferring new rights,
the retrospective statute operates backwards and
takes ... away or impairs vested rights acquired under
the existing laws. A retroactive statute is one that does
not operate retrospectively, however depending upon
the status
quantum is correlated to
qualifying service. Is it retroactive for 35 years for one and not
retroactive for a person who retired two days earlier ... always prospective. A statute is not properly
called a retroactive statute because a part of the requisites for its
action is drawn from a time
quantum is correlated to qualifying service. Is it retroactive for 35 years for one and not retroactive for a person who retired two days earlier ... always prospective. A statute is not properly called a retroactive statute because a part of the requisites for its action is drawn from a time
mechanism by insertion of any
provision made in the statute book, may have a retroactive character but, whether such
provision provides for a mere regulatory ... well established principles of
interpretation of statute, unless it is expressly provided or impliedly demonstrated, any
provision of statute is to be read as having
mechanism by insertion
of any provision made in the statute book, may have a
retroactive character but, whether such provision provides for a
mere regulatory ... well
established principles of interpretation of statute, unless it is
expressly provided or impliedly demonstrated, any provision of
statute is to be read as having
relevant portion of the
said judgment reads as under:-
"Statute Law- Retroactivity- Amendment of
law taking away vested rights with
retrospective effect- Held, invalid
relevant portion of the said judgment reads as
under:-
"Statute Law- Retroactivity- Amendment of law taking
away vested rights with retrospective effect- Held,
invalid
