2004 (10) TMI 553 - SC - Indian Laws

The nature of amendment - Haryana Municipal (Amendment) Act, 1994 - whether it is at all retrospective in operation, and if not, whether the provision as amended by the Second Amendment applies to the appellant?

Held that:- Appeal dismissed. Keeping in view the general scope and purview of the statute, the remedy sought to be applied, the former state of law, the legislative intent and the employment of the expression "for the word 'after' the word 'upto' shall be substituted" in the text of the Second Amendment, we have no doubt in our mind that the Second Amendment has the effect of amending the text of First Amendment ever since the date of commencement of the First Amendment, i.e., April 5, 1994.