Amending
Act 16 of 1953, the Agriculturists' Relief Act was repealed
retrospectively from 1st July 1952 only, and it is not
possible to give ... repeal further retrospectivity so as to
affect a proceeding pending before that date. The
jurisdiction of the Assistant Collector under the Abolition
Act was itself
primarily prospective unless it is expressly or by necessary implication given retrospectivity. The aforesaid principle has full play when vested rights are affected or influenced ... kept at bay. That apart, while deducing the concept of retrospectivity it is also to be seen to what degree or extent the provision should
application thereunder is a right substantive in nature which cannot, therefore, be retrospectively affected.
5. Shri G.B. Lohiya, learned Advocate submitted that looking ... therefore, this being a substantive right, it could not be affected retrospectively. Relying on the provisions of section 32(2)(i) and section
would have a prospective effect. It
cannot be applied retrospectively. Any
vacancy which has arisen prior to coming into
force of the said amended Regulations ... enactment of law reviewing the defect pointed
out in a judgment and retrospectively
enacting the law so as to render the judgment
of the court
well-established proposition that such a change of
law operates retrospectively and the person has to
go to the new forum even if his cause ... clearly show that
the change of forum was meant to be operative
retrospectively irrespective of the fact as to when
the accident occurred. To that
application thereunder is a right substantive in nature which cannot, therefore, be retrospectively affected.
5. Shri G.B. Lohiya, learned Advocate submitted that looking ... therefore, this being a substantive right, it could not be affected retrospectively. Relying on the provisions of Section 32(2)(i) and Section
aforesaid amendment is purely procedural in nature and,
as such, it applies retrospectively even to matters which were pending
consideration on the date of enforcement ... that the
aforesaid amendment is prospective in nature. It cannot be applied
retrospectively to proceedings which were initiated or pending at the time of
enforcement
vested under section 50 of the Consumer Protection Act,
2019 would be retrospectively applicable to the cases filed and/or
decided under the consumer protection ... existing law
and should not find that his plans have
been retrospectively upset. This principle
of law is known as lex prospicit non
respicit
Page 8 of 30
statute, are not to be applied retrospectively in the absence of express
enactment or necessary intendment.
11. Reliance was also placed ... true that amendments to procedural laws can be applied
retrospectively, procedural statutes which affect the rights of the parties,
cannot be applied retrospectively
that the intention of the legislature was to affect the vested right retrospectively. This intention has been manifested by express words. Even otherwise, the necessary ... subject to certain constitutional restriction it can legislate prospectively as well as retrospectively. An enactment can be given retrospective effect either expressly or by necessary
