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
context of
Section 45(1) of PMLA.
12.17 Despite the above substantive
amendment in the Schedule, we find no
corresponding amendment simultaneously
carried ... amendment in Schedule
carried out as proposed vide the Prevention of
Money-Laundering (Amendment) Bill, 2011 was
not intended to introduce a substantive
amendment
international transaction.
38. It was submitted that such amendment to section 92B is an
amendment to substantive law since it resulted in enhancement ... Enterprises vs. The ACIT, Jaipur
be substantive in fact and such a substantive amendment is incapable
of being given retrospective effect. Relevant extracts
Commissioner Of Wealth Tax vs Atma Ram Properties (P) Ltd. on 21 September, 2017
Author
firm as an accused is more in the
nature of a substantive amendment. There is no
provision in the Code of Criminal Procedure giving
right
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
provision in
an existing statute. It is stated that amendment of
substantive law is not retrospective unless expressly
laid down or by necessary implication inferred ... right
which accrued under the provision which existed prior
to the amendment, such substantive accrued right will
be saved and continue to exist unless
substantive section should
apply. It is a trite that a substantive provision in general has no retrospective effect.
The transforming amendments of substantive sections ... amended and with prospective effect. The rationale of
amendment is quite clear. Thus, the amendment of substantive section in the wake
of categorical legislative intent
would be relevant to note that the legislature has brought in
substantive amendment through the Finance Act, 1996 in section
amendment in Schedule
carried out as proposed vide the Prevention of
Money-Laundering (Amendment) Bill, 2011 was
not intended to introduce a substantive
amendment ... laundering
of proceeds of crime involved in those offences.
No substantive amendment was proposed with
express intention to apply limitations on grant of
bail