Amendment) Act, 2018 (hereinafter
referred to as „the Amending Act ‟) would apply retrospectively
to the instant petitions or not and vide Order dated 25.03.2022,
notice ... order to substantiate that that the Amending Act is not applicable
retrospectively, has made the following submissions:
a) Dr. George submits that the Amending
comes to
fiscal legislation, the Legislature has power to make the provision
retrospectively. By placing reliance on R.C. Tobacco (P) Ltd. Vs. Union ... cannot be held to be unreasonable merely because it
operates retrospectively;
(ii) The unreasonability must lie in some other additional factors;
(iii) The retrospective operation
resply of the Constitution in so far as it operates retrospectively.
29 We are further fortified in our conclusion by the judgement of the
Apex ... held that the policy could not have been
retrospectively amended by the Government without there being any
express power in this regard and that
that the provisions of the Amended Act, 2016 were to be applied
retrospectively. Merely because the suit has been filed after the enactment ... placed under Section 4 of the
Benami Act would not apply retrospectively, is no longer res
integra. The said proposition had come up before
Legislature cannot overturn
or set aside the judgment, that too
retrospectively by introducing a new provision.
The legislature is bound by the mandamus issued ... legislative power to
remove the basis of a court judgment even
retrospectively, paving the way for a
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existing law and should not find that his plans have
been retrospectively upset. This principle of law is
known as lex prospicit non respicit ... then
existing law.
29. The obvious basis of the principle against
retrospectivity is the principle of "fairness", which must
be the basis
other constitutional provision. The only ground of attack is that the act
retrospectively attempts to overrule judicial decisions. According to the
learned Additional Advocate General ... force. It goes without saying
that the dictum of the judgment applies retrospectively and will be
applicable to all pending proceedings. Therefore, no exception
existing law and should not find that his plans have
been retrospectively upset. This principle of law is known as lex
prospicit non respicit ... then existing law.
29. The obvious basis of the principle against retrospectivity is the
principle of "fairness", which must be the basis
placed under Section 4 of the Benami
Act would not apply retrospectively, is no longer res integra.
The said proposition had come up before ... that came into effect on 01.11.2016, cannot acquire
retrospectivity in a case like the present one where the suit was
instituted by the appellants well
The State Of Haryana Through Secretary ... vs Jai Singh And Ors.Etc. Etc. on 7
