clarificatory and curative in nature and,
therefore, can be applied retrospectively or it is to take effect from the
date i.e. 01.06.2002 when ... this discussion, in any case on the application of
general principles concerning retrospectivity, the proviso to Section 113
of the Act cannot be treated
Provision) Act, 2010 (hereinafter referred to as
'Act, 2010'). The retrospectivity of the provision was also questioned by
the dealers. The dealers ... beginning of this order. However, before coming to
the issue of retrospectivity, we would delve into these two aspects briefly
as that discussion would
appeals are concerned with the validity of
an explanation added retrospectively to Section 26(4) of the Karnataka
Agricultural Income Tax Act (hereinafter referred ... decision of the Karnataka High Court, the
legislature amended Section 26(4) retrospectively that is, with effect
from, 01.04.1975. The amended provision now reads
appeals are concerned with the
validity of an explanation added retrospectively to Section
26(4) of the Karnataka Agricultural Income Tax Act
(hereinafter referred ... decision of the Karnataka High Court,
the legislature amended Section 26(4) retrospectively that is,
with effect from, 01.04.1975. The amended provision now reads
with Explanation 3C, which was inserted by the Finance Act, 2006
6
retrospectively w.e.f. 1.4.1989. The High Court concluded, based on
Explanation ... deemed to be actual payment.
16.3 This amendment takes effect retrospectively from 1st
April, 1989 i.e. the date from which clause (d) was inserted
basis of challenge to arbitral awards. It would not be fair
to retrospectively change the rules of the game insofar as
such awards are concerned ... great significance and would,
therefore, show that the Amendment Act would
retrospectively apply to Court proceedings, as
17
distinguished from arbitral proceedings. On a correct
limitation, pertaining to the domain of procedure, must be
held to apply retrospectively in any case. For this proposition,
they cited several judgments which will ... periods of limitation are
procedural in nature and would ordinarily be applied
retrospectively. This, however, is subject to a rider.
In New India Insurance
giving
effect to the said policy is to make that instruction applicable retrospectively to all
pending appeals as on the date of the circular ... against the respondent, has to apply only prospectively and
cannot be applied retrospectively. In other words, a beneficial circular has to be
applied prospectively. Thus
fine distinction between the retroactive
nature of amendment in contrast with retrospectivity of a provision. He
argued that once the project is financed after ... argued that
clause (d) inserted with effect from 01.04.2005 should be applied
retrospectively, which argument was repelled by the High Court. Therefore,
for better understanding
BCCI (supra), needs to
be set aside. He also argued that it retrospectively removes a vested
right in the petitioner, as is reflected in paragraph ... principles
governing validating acts are applied, the deletion of Section 26
retrospectively removes the basis of the judgment in the BCCI case
(supra). Further, there
