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
specifically directs that it is retrospective it shall not be made applicable retrospectively. They further submitted that the said amendments are not enabling provisions ... procedural one, and therefore, the same cannot be made applicable retrospectively. They further submitted that the amendment curtails the substantive right of a member
provision be
made to make a statute retrospective and
the presumption against retrospectivity
may be rebutted by necessary implication
especially in a case where ... benefit of
the community as a whole (ibid, p.440).
15.Though retrospectivity is not to be
presumed and rather there is presumption
against retrospectivity
retrospective operation to the legislation is not determinative of its prospectivity or retrospectivity. Intrinsic evidence may be available to show that the amendment was necessarily ... retrospective effect if the Court can unhesitatingly conclude in favour of retrospectivity, the Court would not hesitate in giving the Act that operation unless prevented
whether the provisions of Section 145 Negotiable Instruments Act would be applicable retrospectively to proceedings pending on the date when provisions ... that the provisions of Act No. 55 of 2002 would not apply retrospectively to pending complaints, particularly, as the provisions of Section 138 Negotiable Instruments
Rules. The issue as
well is as to the retrospectivity or otherwise of this provision of the 2003 Rules.
03. Incidentally ... 2010 leading the arguments
in endorsement of the plea of retrospectivity of Rule 24(2)(v) of the 2003 Rules
and the consequential loss
only with regard to the
applicability of Rules, 2020 prospectively and not
retrospectively. It is his further submission that the effect of
Rules ... intention of the Legislature is to give effect prospectively and not
retrospectively. In this regard, he relied upon the judgment
provision be made to make a statute retrospective and the presumption against retrospectivity may be rebutted by necessary implication especially in a case where ... explain" an earlier Act, it would be without object unless construed retrospectively. An explanatory Act is generally passed to supply an obvious omission
stated:
(1) That the Haryana State has no power to legislate retrospectively for the area which was not Haryana prior to its creation ... November, 1966, the State of Haryana can legislative both prospectively and retrospectively for a period prior to the 1st of November, 1966 because prior
2009. It is contended that there is a presumption
against retrospectivity which is a well accepted principle. It is pointed out
that under the guise ... Before considering the various aspects, the rules of interpretation
as regards retrospectivity of statutes and statutory rules will have to be
considered. A Division Bench
