statute, retrospectivity is not considered
nor it can be considered as retroactive. The
statute, as it is, would be prospective. In his
submission, the notice
penal statute and, therefore, can have no retrospective or
retroactive operation. Article 20(1) of the Constitution of India expressly
forbids that no person ... Whitechapel
(1848) 12 QB 120, the Court pointed out that "The Statute which in its
direct operation of prospective cannot be properly be called
made by the subsequent Act; but that had reference to the former statute as soon as it passed, and they must be taken together ... retroactive operation. Ordinarily when an enactment declares the previous law, it requires to be given retroactive effect. The function of a declaratory statute
supra), holding that it is a fundamental rule of law that no statute shall be construed to have a retrospective operation, unless such a construction ... that circumstance does not attract the principle disfavouring the retroactive operation of a statute."
After so stating, Their Lordships proceeded to advert
petitioner who was elected prior to the said
Section coming into the statute book, learned
Additional Advocate General relied on decision in
Darshan Singh ... when the statute can be said to
have retroactive application or retroactive operation
and the principles relating to the interpretation in
that regard. Learned Additional
birth or due to an accident, then by necessary application, the Statute
has to be given retrospective operation. Retrospective construction of the
Act is permissible ... given
statutory enactment, the provision of the statute can be given retrospective
effect and retroactive operation, and that the same would not be ultra vires
interest on the delayed payments. Therefore, the provisions of
the Act are retroactive in nature. The learned senior counsel further
contends that the judgments ... under:
“There are, however, statutes which create Do new punishment, but authorise
some action based on past conduct. To such statutes, if expressed in
language
interest on the delayed payments. Therefore, the
provisions of the Act are retroactive in nature.
The learned senior counsel further contends that
the judgments ... There are, however, statutes which
create Do new punishment, but
authorise some action based on past
conduct. To such statutes, if
expressed in language showing
Court ought to add that retroactive operation
of a statutory provision can be inferred even in cases where
such retroactive operation appears to be clearly ... held to be retroactive either
when it is so declared by express terms, or the intention to
make it retroactive clearly follows from the relevant
situations, (i)
where the words of the amendment specifically indicate the retroactivity of
the law or (ii) in the case of declaratory or clarificatory amendments ... remove doubts existing as to
the meaning or effect of a statute. Naturally therefore, they must be read as
intrinsic and implicit, but overlooked elements
