court over- ruling earlier decision and not
giving its ruling retroactive operation violated the due process clause of the 14th
Amendment. Rejecting that plea, Cardozo ... overruling an earlier decision has come to the
new ruling of retroactive dealing and thereby has made invalid what was followed
in the doing. Even
given by placing requisite
orders. He, thus, submitted that principle of retroactivity is to be applied
as the process of finalisation of the tender ... still on. For the
applicability of doctrine of retroactivity, Mr. Kaul referred to Section 18 of
the Act which casts duty upon
respect of such
producers or exporters, anti-dumping duties can be levied
retroactively to the date of the initiation of the review.
Article 10
Retroactivity ... determination of injury,
anti-dumping duties may be levied retroactively for the period for
which provisional measures, if any, have been applied
statute and seek a windfall from
the legislatures mistakes. Validity of
legislations retroactively curing
defects in taxing statutes is well
recognized and courts, except under ... that the Amendment Act is
not only retrospective, but is also retroactive, which means affecting
what is past. By introducing the said amendment, the legislature
under:-
"46. By our approach, are we making the scheme retroactive? The
answer is emphatically in the negative. Take a government servant who
retired ... relevant factor for computation of pension. Has the
Government made it retroactive, 35 years backward compared to the case of
a Government servant who retired
Government, which through Ext.P7 refused to entertain her claim
for retroactive benefits. The reason assigned was that KER had no
provision to give ... retroactive monetary benefit to an employee for a
period the employee had not worked. Assailing Ext.P7,
Ananthakumari filed this writ petition
respect of such
producers or exporters, anti-dumping duties can be levied
retroactively to the date of the initiation of the review.
Article 10
Retroactivity ... determination of injury,
anti-dumping duties may be levied retroactively for the period for
which provisional measures, if any, have been applied
meted in the
apposite subsequent thereat legislative enactment
being not afforded any retroactive effect by the
legislature, rather the Hon'ble Apex Court ... proposition that despite the apposite legislative
enactment not explicitly bestowing its benefits
retroactively, thereupon too, its apposite beneficent
provisions being amenable to an interpretation
explicit when it was held:
―The reason for which the Court disfavours retroactive
operation of laws is that it may prejudicially affect vested
rights ... notification but that
circumstance does not attract the principle disfavouring the
retroactive operation of a statute. Here there is no question
of affecting vested rights
facie, a penal statute will not have any
retrospective effect or retroactive operation. If commission of
fraud was complete prior to the said date
