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T.N.REDDY (Propreitor)     21 March 2023

Prospective vs Restrospective effects to the provisions

Sir, once an amendments, omissions,insertions, substitutions happens to the provisions of an Act, if, nothing is specified, how do we interpret as to whether prospective or retrospective effect. kindly help me out.


 1 Replies

RAKESH ISHI   21 March 2023

If an amendment, omission, insertion, or substitution is made to the provisions of an Act, and nothing is specified regarding whether it has a prospective or retrospective effect, then the general rule is that it will have prospective effect, i.e., it will apply only to actions or events that occur after the date on which the amendment comes into force.

However, in some cases, the court may interpret the amendment to have retrospective effect, i.e., it will apply to actions or events that occurred before the date on which the amendment came into force. This may happen if the court finds that the intention of the legislature was to give the amendment retrospective effect or if the language of the amendment clearly implies that it has a retrospective effect.

It is important to note that the interpretation of whether an amendment has prospective or retrospective effect depends on the specific wording of the amendment and the intention of the legislature.

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