retrospective effect Archives

Retired employees cannot claim vested right to apply the extended age of retirement retrospectively: Supreme Court

“The Doctrine of Legitimate Expectation does not have any role to play in matters that are strictly governed by the service regulations. This is an exercise that is undertaken by the State in discharge of its public duties and should not brook undue interference by the Court.”

Case Briefs High Courts

Madras High Court imposes Rs.5 lakh cost on College for admitting Students without having affiliation

Section 17(4) of the National Council for Teacher Education Act, 1993 very specifically states that if any degree is granted by a College, which had admitted students during the period when the College suffered from withdrawal of recognition or affiliation, then such a degree or certificate cannot be treated as a valid qualification for the purpose of employment.

Advance Rulings Case Briefs

Real Estate (Regulation and Development) Act, 2016 applicable only to ongoing projects, and which are to be developed after the commencement of the Act: Odisha RERA

ORERA reiterated that the projects which are completed and for which the completion certificate has been issued by the local or competent authority prior to the commencement of the Real Estate (Regulation and Development) Act, 2016, are not covered under the Act and therefore, has no application to such projects.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RPC fee paid by Formula One not liable to be disallowed; Second proviso to S. 40(a)(i) be given retrospective effect: ITAT

ITAT held that the second proviso to Clause (i) of Section 40(a) just like second proviso to clause (ia) of Section 40(a) was inserted to remove an anomaly and were therefore curative and declaratory in nature. Hence, it had to be given retrospective effect.

Case Briefs High Courts

Nothing wrong with Government dissolving existing governing body and constituting caretaker governing body, in a case of gross mis-management: Manipur High Court

Manipur High Court: In writ petitions filed to quash certain orders relating to the dissolution of the governing body of Naorem Birahari

Case Briefs Tribunals/Commissions/Regulatory Bodies

TDSAT | TRAI cannot frame Regulations with retrospective effect in the absence of any provision to that effect in TRAI Act

Telecom Disputes Settlement and Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh, (Chairperson) while not granting any interim relief to the petitioners upholds

Case Briefs High Courts

Adultery | Joseph Shine v. Union of India given retrospective effect; conviction under Section 497 IPC set aside

Bombay High Court: A Single Judge Bench comprising of M.G. Giratkar, J. allowed revision petition and set aside appellant’s conviction under Section 497

Case Briefs High Courts

Order of punishment cannot be passed with a retrospective effect

Patna High Court: The petition challenging the order of reduction in pay scale and stopping of increment was allowed by a Single

Case Briefs High Courts

Amended rule cannot be applied retrospectively where vested right exists

High Court of Judicature at Hyderabad: In the present case, petitioners filed writ petitions seeking to set aside the rejection orders for transfer

Case Briefs Supreme Court

State Legislature can legislate for the period prior to coming into existence of the State within the constitutional parameters

Supreme Court: Dealing with the question as whether the State Legislature could have legislated for the period prior to coming into existence

Case Briefs High Courts

Retrospective Applicability of Payment of Bonus (Amendment) Act, 2015, stayed

Kerala High Court: While dealing with question relating to the retrospective applicability of Payment of Bonus (Amendment) Act, 2015, the Court stayed