determination are:-
(1) Whether the Act, to the extent of its retrospectivity, is ultra
vires as it amounts to usurpation of judicial power ... power to change a judgment of court of law
either retrospectively or prospectively. The Constitution clearly defines
the limits of legislative power and judicial power
topic
within its legislative field fundamentally altering or
changing its character retrospectively as was held by this
Court in the case of Indian Aluminum Company ... Haryana inter alia
for the reasons mentioned above to issue this Act
retrospectively."
If these materials are alone considered then one may be
persuaded
suit were the object of sub-section (3A) in
giving retrospectivity to it. the law did not take count of
the inevitable long
776
delay ... cannot be said that the legislature in applying sub-section
(3A) retrospectively has achieved that avowed object at all.
The applicability of the blanket
subject to some
constitutional limitations, can legislate prospectively as well as
retrospectively. This power to make retrospective legislation enables the
legislature to validate prior executive ... legislative acts retrospectively
after curing the defects that led to their invalidation and thus makes
ineffective judgments of competent courts declaring the invalidity
Schedule to
Constitution--Nature of fees--Quid pro quo--Legislature
amending definition retrospectively whether encroaches upon
judicial functions--Andhra Pradesh Gram Panchayat Act, 1964.
HEADNOTE ... High Court was delivered, the
Legislature amended the definition of the house
retrospectively to include the buildings constructed by the
respondents.
The appellant contended that
HEADNOTE:
Section 9 of the Central Sales Tax Act, 1956 as amended
retrospectively by the Central Sales Tax (Amendment) Act,
1969 provided for levy ... laws of the States applicable to the proceeding under
the Act retrospectively by adopting the same language
appearing in sub-section (2-A) of section
that taking away a benefit granted to the assessee under section 35 retrospectively with effect from April 1, 1962, violates article ... Looking to this change in the law which is brought about retrospectively as from April 1. 1962, we have to consider whether the rights
delete or obliterate a statute or to
enact a statute prospectively or retrospectively cannot be
questioned and challenged unless the court is of the view ... impressed that whenever any Act
or amendment is brought in force retrospectively or any
provision of the Act is deleted retrospectively, or any
provision
delete or obliterate a statute or to
enact a statute prospectively or retrospectively cannot be
questioned and challenged unless the court is of the view ... impressed that whenever any Act
or amendment is brought in force retrospectively or any
provision of the Act is deleted retrospectively, or any
provision
erroneous by legislative imprimatur, but if
the statute itself was amended retrospectively so that the
very basis of the judgment disappeared, then it could ... supra), Hidayatullah,
C.J., pointed out that the legislature by legislative
enactment retrospectively imposed the tax by giving to the
expression 'rate
