law, power to remove the basis which led
to the Court's decision. The legislature has power to enact laws with
retrospective effect ... possesses the right to make retrospective
legislation. The power to make laws includes power to give it retrospective
effect. Craies on Statute Law
which was purported to be made with retrospective
effect, could have no retrospective effect in law. There was
no delegation of power to the respondent ... purported to be made with retrospective
effect could, in fact, have no retrospective effect in law.
It was submitted by him that a co-operative
provision for retrospective levy of fees, the State enacted the
Validating Act to give retrospective effect to the bye-laws framed by the
Market Committee ... down in it. It is clear law that a
statute which could validly enact a law with retrospective
effect could in express terms validly confer
provision for retrospective levy of fees, the State enacted the
Validating Act to give retrospective effect to the bye-laws framed by the
Market Committee ... down in it. It is clear law that a
statute which could validly enact a law with retrospective
effect could in express terms validly confer
subsisting contracts. A statute which
could validly enact a law with retrospective effect could in
express terms validly confer upon a rule making authority ... such bye-law or the decision, alteration of or
addition to a bye law or bye-laws".
If therefore a bye-law could
make
bye-law 252, retrospective?
It may be important to note that though a Legislature can make law with
retrospective effect as its power ... law was conferred the right to make
it retrospectively and if so, whether the bye-laws have been made with
retrospective effect. Bye-law
past acts, it is not always necessary to amend the law with retrospective effect with a view to authorising the going of those acts ... with retrospective effect. Another is the making of a retrospective amendment and this is usually adopted when it is desired to change the law
retrospective effect given by S. 52 to Notification No. 22 of 1982, dated 23-3-1982, with effect from 19-6-1980 is in effect ... Legislature is competent within its field to enact a law with retrospective effect validating the levies and collections already made under the law enacted
possesses the right to make retrospective legislation. The power to make laws includes power to give it retrospective effect. Craies on Statute Law ... possesses the right to make retrospective legislation. The power to make laws includes power to give it retrospective effect. Craies on Statute Law
retrospective effect given by Section 52 to Notification No. 22 of 1982 dated 23rd February, 1982, writ effect from 19th June, 1980, is in effect ... legislature is competent within its field to enact a law with retrospective effect validating the levies and collections already made under an invalid statute
