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RETROSEPCTIVE AND RETROACTIVE STATUTE

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 14-10-2015 Last Replied Date:- 29-10-2015 - Retrospective statute It is a cardinal principle of construction that every statute is prima facie prospective unless it is expressly or by necessary implication made to have a retrospective operation. But the rule in general is applicable where the object of the statute is to affect vested rights or to impose new burdens or to impair existing obligations. Unless there are words in the statute sufficie .....

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t before amending the statute to word it specifically, making it retrospective. In K.S. Paripoornam V. State of Kerala 1994 (9) TMI 344 - SUPREME COURT OF INDIA the Supreme Court has observed that usually an amendment will take effect only from the date of its enactment and will have no retrospective effect in the absence of express intent or an intent clearly implied to the contrary. Indeed there is a presumption served that a statute dealing with substantive rights differs from a statute which .....

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statute is regarded as retrospective if it operates on cases or facts coming into existence before its commencement in the sense that it affects, even if for the future only, the character or consequences of transactions previously entered into or of other past conduct. By virtue of the presumption against retrospective applicability of laws dealing with substantive rights transactions are neither invalidated by reason of their failure to comply with formal requirements subsequently imposed, nor .....

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of provisions expressly prohibiting proceedings. The dictum of Lord Denman C.J. is that a statute which is in its direct operation prospective cannot properly be called a retrospective statute because a part of the requisites for its action is drawn from time antecedent to its passing, which has received the approval of the Court, does not mean that a statute which is otherwise retrospective in the sense that it takes away or impairs any vested right acquired under existing laws or creates a ne .....

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obligations, whether it creates new obligations or imposes new duties or levies new liabilities in relation to past transactions. For that purpose it is necessary to ascertain the intention of the legislature as indicated in the statute itself. In Zile Singh V. State of Haryana - 2004 (10) TMI 553 - SUPREME COURT the Supreme Court discussed about the retrospective effect in declaratory statutes. The Supreme Court held that the presumption against retrospective operation is not applicable to the .....

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nds. An amending act may be purely declaratory to clear a meaning of a provision of the Principal Act which was already implicit. A clarificatory amendment of this nature will have retrospective effect. The Supreme Court further held that though retrospectivity is not to be presumed and rather there is presumption against retrospectivity, it is open for the legislature to enact laws having retrospective operation. This can be achieved by express enactment or by necessary implication from the lan .....

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General scope and purview of the statute; The remedy sought to be applied; The former state of the law; and What it was the legislature contemplated. The rule against retrospectivity does not extend to protect from the effect of a repeal, a privilege which did not amount to accrued right. In National Agricultural Co-op Marketing Federation of India Limited V. Union of India - 2003 (3) TMI 3 - SUPREME Court the Supreme Court held that there is no fixed formula for the expression of legislative i .....

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