Governments, to frame rules, the Centre and
the States do not have any jurisdiction or authority to frame rules having
retrospective application. Though the said ... enables the States to frame Rules having retrospective
applications, no Rules can be framed by the States having
retrospective application / operation. By applying the ratio
Vipin Kumar Maurya And 4Ors vs State Of U.P. And 3 Ors. on 16
power to make rules under sub-section (1) and (2) shall include the power to make rules with retrospective application so however that the rules ... Session they are so laid: Provided that any rules having retrospective application shall not come into force until fourteen days after its copy has been
which arise
in this appeal are: -
I. Whether Rule 25 of the Rules has a retrospective
application in debarring a member of a co-operative ... continuation. Moreover, it was contended that Rule 25
has no retrospective application.
7. Rule 25 reads as follows: -
"Disqualification for Membership- (1) No person
post to be filled as per amended rules. The argument advanced that amended rules have no retrospective application was specifically repelled in para ... words the amended rules have no retrospective operation. This contention found favour with the Tribunal and accordingly the Tribunal allowed the application
Kulwant Kumar Kalsan vs State Of Haryana And Ors on 1 April, 2015
Author: Rajiv
Rajiv Ramanlal And Anr. vs Ashok Mills Ltd. And Anr. on 1 October, 1979
Equivalent
M/S Shree Jairam Education Society, ... vs Pr. Cit (Central), Bhopal on 13 October, 2021
purposes of the jurisdiction of the. Court, and therefore, these rules are retrospective in application and therefore, even though the suit has been filed ... retrospective in application. He also referred to the Maxwell 12th Edition page 222.
"The presumption against retrospective construction has no application to enactments which
effect over the statutory rules and whether any amendment in the rules unless specifically provided for can have retrospective application. In one of the aforementioned ... anterior date. The popular test to be adopted in application of rule against retrospective construction is whether it adversely affects the vested right. In certain
