prospective Archives

Case Briefs Supreme Court (Constitution/Larger Benches)

Section 6A of DSPE Act unconstitutional from date of insertion: Supreme Court Constitution Bench

Supreme Court also clarified that Section 6A of the DSPE Act is a part of the procedure only, in the form of protection to the senior government servants and does not constitute any new offence or sentence.

Case Briefs High Courts

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

Delhi High Court observed that the present case is not a case of casus omissus and the Court while exercising its jurisdiction under Article 226 of the Constitution cannot make the provision what the Legislature did not intend it to be.

Case Briefs High Courts

‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018

Delhi High Court: A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending

Case Briefs High Courts

SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975

Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners