Retrospective Application of Amended Procedural Law in India

2023 0 Supreme(P&H) 1983

Act is merely procedural and hence it's application would be retrospective in nature and would apply to all pending appeals as well. ... However, once it is held that amendment is procedural in nature and retrospective in its application, stage of proceedings would not make much difference as the appeal being continuation of trial only. ... He further contends that it is a settled #HL_ST....

2024 0 Supreme(MP) 740

When the right to hold an elected office is merely a statutory right, then the law regulating election, working and tenure of such elected office, would be a procedural law and therefore, any amendment in procedural law has to be treated as retrospective in operation, unless it is otherwise provided ... (iii) Every litigant has a vested right in substantive law but no ....

Court Of Appeal Putrajaya

The amended s 68(1) of the CJA via Act A1661 was a legislative amendment. The law is trite that a legislative amendment shall as a general rule, operate prospectively. ... The CIPAA, in itself, does not contain any provision stating that it has retrospective application. Parliament clearly did not exercise its Legislative power, pursuant to art 66(5) of the Federal Constitution and ss 2(3), 19(1) and 43(a) of the IA to ena....

2024 0 Supreme(Ker) 545

Thus the legal position as regards operation of the procedural law, which would decide the forum in legal proceedings, unless expressly or impliedly provides otherwise, the same is retrospective in operation and the new forum could have jurisdiction to consider the cases pending before the introduction ... As discussed, this Court in New India Assurance (supra) and Maria Christina (supra) has held that forum is a matter pertaining to #HL_ST....

2025 Supreme(Online)(MP) 2203

The learned Trial Court heard the arguments on the application and rejected the same with the finding that the amendment as brought in the procedural law is prospective and not retrospective. ... of the judge and affidavit is not admissible in evidence and as CPC is a procedural law, therefore the said amended provision will apply retrospectively. ... The effect of the ....

2025 Supreme(Online)(MP) 2201

The learned Trial Court heard the arguments on the application and rejected the same with the finding that the amendment as brought in the procedural law is prospective and not retrospective. ... of the judge and affidavit is not admissible in evidence and as CPC is a procedural law, therefore the said amended provision will apply retrospectively. ... The effect of the ....

or procedural law. ... a construction is textually impossible, is presumed to be retrospective in its application. should not be given an extended meaning and should be strictly confined to its clearly defined limits; (ii) Law relating to forum and limitation is procedural in nature. whereas law relating ... Further, although there is a general distinction bet....

or procedural law. ... a construction is textually impossible, is presumed to be retrospective in its application. should not be given an extended meaning and should be strictly confined to its clearly defined limits; (ii) Law relating to forum and limitation is procedural in nature. whereas law relating ... Further, although there is a general distinction bet....

2021 Supreme(SRI)(SC) 346

Further, although there is a general distinction between substantive law and procedural law, section 27(6) of the amending Act does not distinguish between the amendments made to the substantive law and procedural law of the principal Act. ... law and, therefore, does not violate the rule against retrospective legislation. ... Retrospective....

Jammu and Kashmir

is always prospective unless otherwise provided and that procedural law may be presumed to retrospective but sometimes a procedural law in its character when affects the vested rights has also to be construed prospectively. ... In short, every 6 Arbitration Petition AA Nos.4 - 9 of 2020 procedural law cannot be presumed to have retrospectiv....

2021 0 Supreme(Del) 727

The question raised is whether the amendment/substitution of the period with effect from 1.6.2001 in Section 149 of the Act, is procedural or substantive.... The procedural law when amended or substituted is generally retroactive and applies from the day of its enforcement and to this extent it can be retrospective. Section 6, normally does not apply to procedural law.

2019 0 Supreme(Guj) 614

Section 6, normally does not apply to procedural law. The procedural law when amended or substituted is generally retroactive and applies from the day of its enforcement and to this extent it can be retrospective. 8. Law of limitation is a procedural law and the provision or the limitation period stipulated on the date when the suit is filed applies. The question raised is whether the amendment/substitution of the period with effect from 1.6.2001 in Section 149 of the Act, is....

2018 0 Supreme(AP) 959

Though, the petitioner retired from service, taking cognizance against the petitioner for various offences, he is entitled to benefit of explanation to Section 19 (1) of P.C. Act and the Section 19 is though part of penal legislation i.e. P.C. Learned counsel for the petitioner, in support of his contentions, placed reliance on umpteen number of decisions, which will be referred at appropriate stage. Act, it purely deals with procedural aspect and the amended procedural law must be g....

2018 0 Supreme(Bom) 1875

It is submitted that the procedural law can be amended with retrospective effect. It is submitted that filing of reference is a substantive right, whereas the forum for adjudication of such substantive right is a procedural right and thus the change of such procedural right under the Act of 2013 would apply even after the land acquisition award has been rendered after 1st January, 2014. It is submitted that only substantive right accrued, if any, under the Act of 1894 would b....

2012 0 Supreme(Del) 2195

Section 6, normally does not apply to procedural law. The question raised is whether the amendment/substitution of the period with effect from 1.6.2001 in Section 149 of the Act, is procedural or substantive. The procedural law when amended or substituted is generally retroactive and applies from the day of its enforcement and to this extent it can be retrospective.