given retrospective effect on
the view that the said amendments in the rule in so far as the same were
given retrospective effect were unjust ... give retrospective operation to the rules made under that provision,
has said that when the retrospective effect extends over a long period, the
date from
manner it ought to be applied without giving any retrospective effect. Finally, referring to Circular No.08/2014 dated 4.4.2014 issued by the Assistant Director ... Companies, the second respondent herein has given effect to the provisions of the Act with retrospective effect and disqualified the petitioners from 1.11.2016 itself
view to overriding the decision in the
Cloth Traders case with retrospective effect, Parliament
enacted Section 80AA and since this section was deemed to
have ... 80AA on the ground that
it enhanced the tax burden with retrospective effect going
back for a period of almost 12 years and consequently
imposed
employees and their allocation to the Panchayat service was
cancelled with retrospective effect.
290
In their writ petitions the employees of the local
cadre contended ... benefits acquired by
them could not be taken away with retrospective effect.
In the appeal it was contended that having regard to
the various provisions
purposes
as valid and effective as made under Section 17A of the Act.
The retrospective effect given to the scheme is only to
overcome ... give effect to its policy by rectifying the defect
pointed out by the court with retrospective effect.
(5) In cases where amalgamations or mergers take
does so, it gives prospective effect to the
provisions of Section 23 (1-A). It does not give
retrospective effect to the said provisions ... provisions of Section 23 (1-A) have no
retrospective effect. The retrospective effect is given
only to the powers of the Collector to reopen
with retrospective effect, since he exercises a legislative
power under proviso to Art. 309 it is open to him to give
retrospective effect ... Petition, is an eloquent illustration of
the effect of the amendments made to the rules with
retrospective effect. At the time when the Governor
position earlier.
Thereafter, the Finance Act, 1980 made an amendment
with retrospective effect from 1.4.1962, i.e. from the date
of commencement ... curious co-incidence that the 1980 Act effected
two amendments in the 1961 Act with retrospective effect and
the validity of both these provisions have
Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) (with retrospective effect).] It is hereby enacted as follows : Chapter I Preliminary
1. Short title ... Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect), which was Inserted by Section 2 of the West Bengal Estates Acquisition
Irrigation Branch) Rules, 1964: Rule
6(b)--Haryana State amendment with retrospective effect
declared ultra vires.
Punjab Reorganisation Act, 1966 : s.82(6),
proviso--Service ... amendment of rules with retrospective effect.
Constitution of India, Article 309 , proviso-Service
Rules-Amendment of with retrospective effect--Must satisfy
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