advance the object of such
amendment.
Section 36 of the Act prior to its amendment did not confer any
substantive or vested right ... Amendment Act 2015.
Section 26 is not incorporated in the Amendment Act but is a part of
Amending Act . If the Amendment
finding out whether such law is substantive or
procedural. Legislation providing for compensation is a substantive law. A change
in the quantum of compensation ... Government cannot make any change in
substantive right of the claimant to receive the compensation amount and
corresponding substantive obligation of the owner/insurer retrospectively
Collector, Vellore District v. K. Govindaraj3 contending that if the
amendment is affecting the substantive rights, it cannot be said ... lease continues to be of five years. This was a substantive
amendment. This Court held that there was no concept of “virgin areas
made. The law having undergone substantive
amendment bearing on the subject, the earlier decision would
be of no assistance. [339 A-D]
Mohanlal Chunilal Kothari ... Notification, the amendment was made. Accordingly,
law having undergone a substantive amendment bearing on the
subject, the ratio in the decision of Mohonlal Chunilal
Kothari
made applicable to pending proceedings. It is further submitted that by amendment substantive rights of the landlord to get eviction is affected ... amendment introduced in the parent Act by Amendment Act No. 7 of 1985 is merely declaratory or clarificatory in nature. The amendment had become necessary
five questions for consideration by a Larger Bench:-
1) Whether an amendment of substantive
provisions can be given a retrospective
operation?
2) Whether amendments ... counsel for the
parties conceded to the point that an amendment of a substantive
provision can be given a retrospective operation. Learned counsel
conceded that
amendment to Section 21 of the Act of 1993 as brought about
by the Amendment Act of the year 2016. Ordinarily, the
amendment of substantive ... condition of pre-deposit is assumed to be
that of substantive law, the Amendment being by way of
substitution, has to be construed as being
notification dated July
16, 2003 and the amendment sought in that case was not merely confined
to amendment of valuation of the relief ... purpose of court fee and
jurisdiction. It was a substantive amendment, as the plaintiff sought to
introduce a substantive relief of possession, besides making other
five questions for consideration by a Larger Bench:-
1) Whether an amendment of substantive
provisions can be given a retrospective
operation?
2) Whether amendments ... counsel for the
parties conceded to the point that an amendment of a substantive
provision can be given a retrospective operation. Learned counsel
conceded that
submitted that the amendment to the proviso was a substantive amendment and was not procedural and, therefore, did not apply to an appeal relating ... words in the proviso saying that the amendment would apply with retrospective effect and since the amendment severely whittles down the right of appeal
