awarded for the child would not be enhanced, inasmuch as, the amendment of Section 125 , Cr.PC as pointed out by Mr. Basu cannot have ... amendment is in fact a wider term and includes abrogation or deletion of a provision in an existing statute and an amendment of substantive
applicable to that pending action.
4. The distinction between an amendment in substantive law & an alteration in procedural law has also to be borne ... mind, While a vested right under the substantive law may not generally be taken away by an amendment of the law made during the pendency
submitted that where the Amending Act is to substantive law it operates prospectively whereas any amendment to procedural law it must operate retrospectively unless ... observed that every litigant has a vested right in substantive law, and that amendment which created new disabilities or created new rights and liabilities only
amended accordingly. The submission is that by the Act of 1932, an amendment was made in the Code of Criminal Procedure , 1898, which stood repealed ... Amending Act but a unique blend of substantive law as well as of the provisions making an amendment
named as " The Criminal Law Amendment Act, 1932 '', because that has made some amendment in the general body of criminal ... Amending Act but a unique blend of substantive law as well as of the provisions making an amendment
concern itself with the subject with which we are dealing. When the amendment was made the entire sub-section (5) as it then stood ... substantive provisions of Section 302 I. P. C we have already pointed out that as Section 367 (5) stood prior to amendment the emphasis
that the possibility of a retrospective application of the Criminal Law Amendment Act of 1952 had been irretrievably lost. In that case, a vested right ... would prevent the applicability of Section 7(1) of the Criminal Law Amendment Act of 1952 and was a bar to the accused being tried
amendment would operate retrospectively and would apply to the pending cases in which investigation was not complete on the date on which the Amendment ... appeal even though remedial is substantive in nature.
(iii) Every litigant has a vested right in substantive law but no such right exists in procedural
amendment would operate retrospectively and would apply to the pending cases in which investigation was not complete on the date on which the Amendment ... operation may be culled out as follows :
(i) A Statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either
Counsel for the applicants submits that the aforesaid provisions inserted by the Amendment Act, 2007 , cannot be given retrospective effect. He placed reliance ... appeal even though remedial is substantive in nature,
(iii) Every litigant has a vested right in substantive law but no such right exists in procedural
