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Companies Law - Highlights / Catch Notes

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Prospective or Retrospective application of amendment to the ...


Clarifying Rule 37 Applied Retrospectively to Resolve Legislative Ambiguities; No Impact on Vested Rights.

April 6, 2024

Case Laws     Companies Law     HC

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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