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Companies Law - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Prospective or Retrospective application of amendment to the ...

Companies Law

April 6, 2024

Prospective or Retrospective application of amendment to the provisions of the Act and Rules - The High Court touched upon the principle that delegated legislation, unless explicitly retrospective, does not impair vested rights. However, it clarified that legislation clarifying or explaining existing laws can have retrospective effect, particularly if it fills legislative gaps or clarifies ambiguities. In this context, Rule 37 was seen as clarifying rather than altering the law's essence, thus applicable to pending applications like that of the appellant.

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