[aaykarbhavan] Judgments and Infomration [3 Attachments]

PFA

A retrospective operation is not to be given to a statute, so as the impair existing right or obligation otherwise than as regards matter of procedure unless that effect cannot be avoided without doing violence to the language of the enactment.

PFA

In Govt. of India & others v. Indian tobacco Association (2005) 7 SCC 396, the Doctrine of fairness was held a relevant factor to construe a statute conferring a benefit, in the context of it to be given a retrospective operation. The doctrine of fairness also is now considered to be a relevant factor for […]

PFA

In the case of Vijay v. State of Maharashtra & others (2006) 6 SCC 286 Apex Court held that It is now well-settled that when a literal reading of the provision giving retrospective effect does not produce absurdity or anomaly, the same would not be construed to be only prospective. The negation is not a […]

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Posted by: Dipak Shah <djshah1944@yahoo.com>

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