AI Overview...
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Addition - The power to make rules includes the authority to specify whether rules have prospective or retrospective effect. The government can notify rules with retrospective effect, provided they are published duly. The amendment discussed is considered clarificatory and retrospective in nature. DLF Park Place Residents Welfare Association VS Director General, Town and Country Planning (Haryana) - Punjab and Haryana
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Substitution - Statutes are not automatically retrospective just because they impact existing rights or draw from prior times; their retrospective effect depends on specific provisions. The scope of retrospective operation involves understanding whether a law applies to past events or rights. Relevant case law clarifies that retrospective operation is limited and context-dependent. Fatehgarh Bhadla Transmission Company Limited. vs Central Electricity Regulatory Commission & Ors. - Appellate Tribunal for Electricity, Fatehgarh Bhadla Transmission Company Limited. vs Central Electricity Regulatory Commission & Ors. - Appellate Tribunal for Electricity
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Interpretation - Provisos in statutes or regulations often provide exceptions or specific conditions that influence their retrospective application. For example, relaxations under provisos to certain regulations were claimed based on specific provisions, highlighting that provisos can modify or specify the application scope of laws or rules. Lalitpur Power Generation Company Limited. vs Lalitpur Power Generation Company Limited & Ors. - Appellate Tribunal for Electricity, [Lalitpur Power Generation Company Limited.
Versus Lalitpur Power Generation Company Limited & Ors. - Appellate Tribunal For Electricity](https://supremetoday.ai/doc/judgement/IND_APTEL_2493)
- Proviso - Provisos serve as conditional clauses that can influence whether a law or regulation is applied retrospectively, often providing relief or specific conditions that exclude certain actions from retrospective effect. The relaxation claims under provisos demonstrate their role in tailoring the application of regulations. Lalitpur Power Generation Company Limited. vs Lalitpur Power Generation Company Limited & Ors. - Appellate Tribunal for Electricity, [Lalitpur Power Generation Company Limited.
Versus Lalitpur Power Generation Company Limited & Ors. - Appellate Tribunal For Electricity](https://supremetoday.ai/doc/judgement/IND_APTEL_2493)
- Retrospective - The retrospective effect of laws or regulations depends on explicit provisions or the context of their enactment. Courts and authorities analyze whether the law impacts past rights or actions, with many cases emphasizing that mere impact on past rights does not automatically confer retrospective effect. Orders or regulations without explicit retrospective language are generally deemed prospective. Fatehgarh Bhadla Transmission Company Limited. vs Central Electricity Regulatory Commission & Ors. - Appellate Tribunal for Electricity, Eswari Green Energy LLP. vs Karnataka Electricity Regulatory Commission & Ors. - Appellate Tribunal for Electricity, IND_APTEL_A_NO_352_OF_2022
Analysis and Conclusion:
The sources collectively indicate that the retrospective or prospective application of laws, rules, and regulations hinges on explicit statutory provisions, the nature of the amendment, and judicial interpretation. Provisos play a crucial role in modifying the scope of retrospective effect, often providing exceptions or specific conditions. Courts emphasize that retrospective effect is not presumed and must be clearly stipulated, with many cases illustrating the importance of context and language in determining application scope.
Search Results for "Addition Substition Interpretation Rules Proviso Retrospective"
2016 0 Supreme(P&H) 2387 • India - Punjab and Haryana
S.J.VAZIFDAR, SINGH DHINDSA
Power to make rules.- (1) The Government may, by notification and subject to the condition of previous publication, make rules for carrying out the purposes of this Act and may give them prospective or retrospective effect. ... The additional area for the owners of Park Place is a value addition to the apartments they purchase. To recollect, Mr. ... Mishra rightly submitted that the amendment is clarificatory and retrospective. The statement of objects and reasons indicates the same. Although the last s....
2023 Supreme(Online)(APTEL) 95 • India - Appellate Tribunal for Electricity
Thus a statute is not retrospective merely because it affects existing rights nor is it retrospective merely because a part of the requisites for its action is drawn from a time antecedent to its passing. ... RETROSPECTIVE OPERATION: ITS SCOPE: 151. In considering the merits of this contention, it is useful to first understand when a provision of a statute, rule or regulation is retrospective in its operation. ... Union of India, (2017) 10 SCC 800), and, in addition, in the case of subordinate legislati....
2023 Supreme(Online)(APTEL) 29 • India - Appellate Tribunal for Electricity
proviso under this clause and the response. ... Thus a statute is not retrospective merely because it affects existing rights nor is it retrospective merely because a part of the requisites for its action is drawn from a time antecedent to its passing. ... Union of India , (2017) 10 SCC 800) , and, in addition, in the case of subordinate legislation that it is in violation of the parent Act. ... RETROSPECTIVE OPERATION: ITS SCOPE: 151. In considering the merits of this contention, it is ....
2020 Supreme(Online)(APTEL) 26 • India - Appellate Tribunal for Electricity
The relaxation of the Target availability has been claimed by the appellant under proviso to sub-clause (2) of Regulation 2 and Regulation 13 of the Regulations. ... The relaxation of the Target availability has been claimed by the appellant under proviso to sub-clause (2) of Regulation 2 and Regulation 13 of the Regulations. ... • While UPERC’s Tariff Order dated 07.03.2018 was retrospective in nature, LPGCL had only raised the bills for differential tariff on 04.05.2018 which is after the conclusion of the period under dispute (i.e. FY....
2018 Supreme(Online)(APTEL) 39 • India - Appellate Tribunal for Electricity
. cannot be said to be retrospective. ... The provisions of the Act 2003 and the regulations made there under are to be given their purposive interpretation. ... The acceptance of the dates projected in the tariff petition cannot be said to be the retrospective approval of the dates of commercial operation. ... There can be no requirement of regular service when the proviso is intended for an element which is not in regular service. If the line was in regular service, then there would be no need to resort to the #HL_STAR....
• India - Appellate Tribunal For Electricity
In addition to the definition of “Commercial Operation Date” already noted earlier, the respondent HESCOM refers to the following provisions of the PPA: “(xli) ‘Scheduled Date of Completion ... It was held that Regulation 9.1 empowers the State Commission to determine at any time tariff for purchase of electricity from renewable sources by distribution licensee and proviso to the said regulations saves PPAs approved under 2004 the subsistence of the PPA and in this context relies upon ruling of Supreme Court in the matter of BESCOM v Konar....
2020 Supreme(Online)(APTEL) 3 • India - Appellate Tribunal for Electricity
Concededly, even at the public hearing on the discussion paper, there was no request made by any party for the proposed order to be given retrospective effect. 74. ... It was held that Regulation 9.1 empowers the State Commission to determine at any time tariff for purchase of electricity from renewable sources by distribution licensee and proviso to the said regulations saves PPAs approved under 2004 Regulation. ... The order challenged here is vitiated also because the State Commission has failed to afford an opportunity to the parties thereby affected b....
• India - Appellate Tribunal For Electricity
The relaxation of the Target availability has been claimed by the appellant under proviso to sub-clause (2) of Regulation 2 and Regulation 13 of the Regulations. ... The relaxation of the Target availability has been claimed by the appellant under proviso to sub-clause (2) of Regulation 2 and Regulation 13 of the Regulations. ... Pertinently, the nature of allegation demands that the data put forth by LPGCL be analyzed basis the accepted methodology of ‘linear trend estimation’ which is a recognized statistical technique to aid inte....
