statutes.
(iii) There is the intermediate category called "Retroactive
Statute" which does not operate backwards and does not take
away vested rights. Though ... becomes clear that
with a view to apply the principle of retroactivity, a statute may not take
away the vested rights may, in its direct
Pradip Kumar Karak & Ors vs The State Of West Bengal & Ors on 4
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
action arose prior thereto? Ex facie, a penal statute will not have any retrospective effect or retroactive operation. If commission of fraud was complete prior
Whereas prima facie a policy decision may not have any retroactive operation, a statute may have. Only because if affects a past transaction the same
more
significant, is the fact that absent a clear indication, every statute is
presumed to be prospective. The revenue had sought to contend that ... validation of taxing statute struck-down by courts for
certain defects; the period of such retroactivity, and the decree
and extent of any unforeseen
effect that applicability of the Clarificatory Order in a retrospective or
retroactive manner so as to apply for earlier tariffs, this Court relevantly
points ... before the presumption against
retroactivity or retrospectivity is pressed into service, a Court of Law must
be satisfied that the statute is in fact retrospective
will be so even if the
legislation is not retrospective but only retroactive.
20. The learned counsel for the respondent rightly submits
that ... penal and a
disqualifying statute. In case of a qualifying or
disqualifying statute it may be necessarily retroactive. For
example when a Law of Representation
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
Rule would be prospective unless the
statute itself provides for retrospective effect
or retroactive application of such Rule or the
Circular. In the facts ... been prescribed and,
therefore, it has been contended that though the
statute may provide for liability or charging
provision unless the mechanism or the procedure
