petitioners is that, the amended bye law, shall not have retrospective effect. If retrospective effect is given, it affects the rights of the existing ... Societies to prescribe any other eligibility clauses to the bye-laws with retrospective effect.
12. A detailed statement of counter is filed by respondent
retrospective operation. Elaborating, the Supreme Court observed that it is clear law that a statute which could validly enact a law with retrospective effect could ... follow where the power to enact a rule or bye-law with retrospective effect so as to affect pending transactions is conferred not by express
events, the power to specify a date and rate with retrospective effect is a frank and irredeemable case of excessive delegation.
In support of this ... attack after the introduction of the power to issue notification with retrospective effect.
So far as the first aspect is concerned, we are afraid
office in which statutory functions are
exercisable cannot be made with retrospective effect.
Retrospective promotions involve payment of large sums of
money to persons ... such continuation is impermissible in law.
CASE LAW
29. The inter se seniority between direct recruits and
promotees, the retrospective promotion and preparation of
seniority
first time with retrospective effect was held unconstitutional though levy of tax on agarbathis with retrospective effect by violating the Act was held reasonable ... goods and the like.
29. In Commercial Tax Officer v. Biswanath Jhunjhunwala retrospective amendment was held applicable not only to incomplete assessment but also
retrospectivity, according to Craies
(Statute Law, Seventh Edition), it is open for
the legislature to enact laws having
retrospective operation. This can be achieved ... common law, or the meaning
or effect of any statute. Such Acts are usually
held to be retrospective. The usual reason for
passing a declaratory
fetter on the
legislature's jurisdiction to amend the laws with retrospective
effect and validate the invalid laws or invalid executive acts and
notifications ... said infirmity and pass a validating law so as to make
the provisions of the said earlier law effective from the date
when
where the competence of the State Legislature to enact the law with retrospective effect was examined and objection raised were found of no substance ... ineffectual. It is competent for the Legislature to enact the law with retrospective effect and authorise its agencies to levy and collect
only prospective effect but also retrospective effect. The power to legislate retrospectively embraces within its scope the power to validate a law which had been ... law is not a factor which affects the competence of the State Legislature in enacting a law imposing sales tax with retrospective effect. In EPARI
right is to be taken away, necessarily the law
will have to be retrospective in effect and if
such a law retrospectively takes away such ... retrospective effect.
Therefore, the cited decisions have no assistance to the
respondents.
23. In support of contention that amended Rule
2014 has a retrospective effect
