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
Karnataka State Laws Act, 2004 which came
into force w.e.f. 29.01.2004 and insertion of Entry 25 with retrospective
effect ... enactments for the first time
or to amend the enacted law with retrospective effect, is not only subject
to the question of competence
Kulwant Kumar Kalsan vs State Of Haryana And Ors on 1 April, 2015
Author: Rajiv
Legislature has the power to enact
the laws, including laws dealing with taxation, with retrospective effect.
II. The amendments do not cure or remove ... time of declaring the
law as invalid. It is also empowered to give effect to
retrospective legislation with a deeming date or with
effect from
Karnataka State Laws
Act, 2004 which came into force w.e.f. 29.01.2004 and insertion
of Entry 25 with retrospective effect ... Appeal No. 1145 of 2006 Page 34 of 41
enacted law with retrospective effect, is not only
subject to the question of competence
pass laws with retrospective effect subject to the recognised constitutional limitations. But it is equally well settled that no retrospective effect should be given ... law as it stood when the selection process was initiated. Undoubtedly, the Legislature does have the power to make a law with retrospective effect
legislate both prospectively and retrospectively. The power to enact a law with retrospective effect is subject only to the provisions of the Constitution ... law enforced with retrospective effect has to meet the requirement of Article 14. The second important principle which must be emphasized is that
court. A declaration that
an order made by a court of law is void is normally a part of the judicial
function. The legislature cannot ... true that the legislature is entitled to change the law with
retrospective effect which forms the basis of a judicial decision. This
exercise of power
The Asst. Commissioner Of Income Tax ... vs M/S. Micro Labs Ltd. on 10 December
explanation,
a substantive law may also be introduced. If a substantive law
is introduced, it will have no retrospective effect."
The notice issued ... would be payable only with effect from May, 2008 and not
with retrospective effect.
37. In a case of this nature, the Court must
