AI Overview...
- Supreme Court Authority on Date of Applicability of Amendments
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The Supreme Court has clarified that amendments to laws are generally prospective unless explicitly made retrospective. In cases involving amendments, the applicable law is determined based on the date when the law or provision was in force, i.e., the date on which the law was applicable to the case. For example, in the context of amendments to the Constitution (Article 227), the Court held that such amendments are not retrospective unless made so by specific provisions (INDKER00000134222, 00900029429).
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Retrospective Application of Laws and Judgments
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The Court recognizes that retrospective amendments or judgments can impact cases, especially when they clarify or alter legal interpretations. Rectification or reassessment of cases based on subsequent judgments or amendments is permissible if the record reflects the law applicable at the relevant time (01701970158). The law applicable on the date of the event or application is crucial for determining rights and obligations.
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Specific Case Examples
- Amendments made by the 42nd Amendment to Article 227 of the Indian Constitution were held not to be retrospective unless explicitly stated (00900029429).
- Amendments to bye-laws or statutes, such as in cooperative societies or municipal laws, are generally prospective unless explicitly made retrospective (00400038501).
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In taxation and administrative law, the Supreme Court has upheld the application of law as on the date when the relevant act or rule was in force, including considering subsequent judicial pronouncements that interpret or strike down provisions (01701970158, 01500054678, 02500062425).
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Conclusion
- The Supreme Court's primary stance is that amendments are applicable from the date they come into force unless expressly made retrospective. The determining factor is the law in force on the date relevant to the case, and retrospective application requires clear legislative intent or specific provisions to that effect. This principle ensures legal certainty and clarity in applying amendments to past and ongoing cases.
References: - Mohanlal Bishambhardayal of Jaipur VS State of Rajasthan - Rajasthan - KSR Alankar Hotels and Resorts Pvt. Ltd. VS State of Kerala Rep. by Secretary, Taxes (A) Department - Kerala - M/S.ALANKAR ELITE INNS AND HOTELS (P) LTD. vs STATE OF KERALA - Kerala - Biswanath Kundu VS Bimala Das - Calcutta - Kerala State Electricity Board: Kerala State Electricity Board, Trivandrum: Kerala State Electricity Board VS S. N. Govinda Prabhu And Bros: Travancore Electro-chemical Industries LTD. : M. R. F. LTD. - Supreme Court - H. C. Venkataswamy VS Bangalore Development Authority - Supreme Court - Suresh VS State of Maharashtra through: Cooperative & Textile Department - Bombay
Search Results for "Supreme Court Authority on from which Date Amendment is Applicable"
1970 0 Supreme(Raj) 43 • India - Rajasthan
G.B.K.HOOJA, B.P.SOOD, RAM SINGH
... Like a retrospective amendment of law, a judgment of the Supreme ... Sales Tax Act, Sec. 17—Rectification on ground that judgment and order erroneous because of later judgment of Supreme Court or State ... Court or the State High Court striking down or directly interpreting any provision of law, will be ground for rectification under ... The record as on that date would include the law applicable to the case, including the effect of valid retrosp....
2024 0 Supreme(Ker) 577 • India - Kerala
M. A. ABDUL HAKHIM
to pay Rs.2,00,000 provided in Rule 19(iv) for change of name', 'Liability to pay fine for a hotel without a license as on the date ... Finding of the Court: The court found that the demands for payment of certain fees as ... Regularization of Board of Directors - Section 67(2) of the Abkari Act, 1077 and Rule 19 of the Foreign Liquor Rules, 1953 - The court ... The Hon’ble Supreme Court held that the consideration of application should be with respect to the law applicable#....
2024 Supreme(Online)(Ker) 73237 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
(Paras 2, 4, 42) ... ... (B) Legal principle - The law applicable for determining ... permission - Demand for additional fees of Rs.2,00,000/- and Rs.20,00,000/- for induction of new directors declared unsustainable - Fees applicable ... (Paras 20, 34) (E) Ratio Decidendi - The court determined that the fee and fines under relevant ... The Hon’ble Supreme Court held that the consideration of application should be with respect to the law applicable on the date when t....
2004 0 Supreme(Kar) 526 • India - Karnataka
N.K.JAIN, V.G.SABHAHIT
Finding of the Court: The court found that the BDA had the authority to impose penalty for the specified period and ... Ratio Decidendi: The court held that the BDA had the authority to impose penalty for the specified period, and the writ petitioners ... - The BDA had authority to levy penalty for extension of time for construction of building from 6.2.1998 to 23.10.2000. ... The observations made by the Division Bench of this Court would make it clear that the BD....
1972 0 Supreme(MP) 105 • India - Madhya Pradesh
BISHAMBHAR DAYAL, S.M.N.RAINA
[Para 10 ... (3) Precedents-decision of Supreme Court-provision of law ... held valid-such provision cannot be questioned in the High Court on the ground that some aspects were not considered by the Supreme ... , because the authority which has acquired the power by delegation, has to act on behalf of he Legislature which delegates the power ... date on which it was made applicable to Pondicherry by the Government. ... This was struck down by the Supreme#HL....
2014 0 Supreme(All) 510 • India - Allahabad
SURYA PRAKASH KESARWANI
when the application for compassionate appointment is being considered shall be applicable and not the unamended provision, which ... existed on the date of application—Impugned order set aside. ... ground that petitioner did not fall within the word “family” when the application was moved in the year 1998—Provisions as on the date ... He submits that the reason given was an incorrect interpretation of law inasmuch as, the amendment provisions as available on the date of taking the decision on the appli....
1978 0 Supreme(Cal) 495 • India - Calcutta
Sudhamay Basu
of the Constitution of India, as the amendment to Article 227 made by the 42nd Amendment was not retrospective in operation. ... The amendment to Article 227 of the Constitution of India made by the 42nd Amendment was not retrospective in operation. ... The Court also held that the Controller and the appellate authority were in error when they allowed the application under Section ... By section 13 of the Amending Act of 1969 the amendment was made retrospective and #....
1986 0 Supreme(SC) 274 • India - Supreme Court
M.M.DUTT, O.CHHINNAPPA REDDY
NATURE OF SUPPLY AND PURPOSE OF SUPPLY - REVISION OF TARIFF HELD NEITHER ARBITRARY NOR RESULT OF APPLICATION OF WRONG PRINCIPLE—COURT ... If the Local Government does not prescribe it, then the municipal authority is free in our opinion to fix it in any manner it chooses." ... We have, however, extracted that provision also for a better understanding of S. 59 as it stood before the 1983 amendment. ... We consider that for the purpose of understanding and construing S. 59, as it stood before the 1983 amendment, we are ent....
1996 0 Supreme(SC) 1522 • India - Supreme Court
KULDIP SINGH, S.SAGHIR AHMAD
Bangalore Development Authority (Third Amendment) Act, 1993 – Sections 9,5 - Urban Land (Ceiling and Regulation ... or things done under the Principal Act as invalid." - ) WE are of the view that the provisions of Section 9 of the Act are fully applicable ... Power of Authority to make allotment in certain cases. ... Learned counsel for the appellants has invited our attention to the Bangalore Development Authority (Third Amendment) Act, 1993 (for short "the Amendment....
2012 0 Supreme(Bom) 440 • India - Bombay
K.U.CHANDIWAL
MAHARASHTRA CO-OPERATIVE CREDIT SOCIETIES ACT, 1961 - Sections 13, 14, 79-A and 144-E - Amendment to Bye- laws. - Amendment to Bye-laws ... The amendment to bye-laws always operates prospectively unless made retrospectively. ... ... The prospective ness of the amendment is quite natural as for all ... I say that the General Body is the supreme authority of the society and, therefore, the share value of Rs. 5,000/is made applicable from the date of G....
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