Promotion -- Retrospective promotion - Monetary benefits - Principle of `no work no pay' - It cannot be accepted as a rule of thumb - There are exceptions where courts have granted monetary benefits also - When the person is superseded and he has challenged the same before Court or Tribunal and he succeeds in that an direction is given for reconsideration of his case from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(1) -- Enhancement in punishment by way of amendment in Act during pendency of case - Penal provision enhancing punishment not to be with retrospective effect - Appellant cannot be subjected to penalty greater than that which was in force at the time of commission of offence...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Contract Act, 1872, Section 28 (as amended w.e.f. 08.01.1997) - Insurance claim - Repudiation - Complaint - Filing of - Limitation - Complaint dismissed on ground that repudiation of the claim Intimated on 27.04.1995 and complaint filed on 24.01.1996 i.e. after three months contrary to clause in the insurance policy - Plea..........
Consumer Protection Act, 1986, Section 2(1)(d) -- (as amended on 15.03.2003) - Consumer - Commercial purpose - The amendment made on 15.03.2003 whereby phrase `but does not included a person, who availed of such services for any commercial purpose' could not be applied with retrospective effect - Insofar as services are concerned, relating to matters which was filed before..........
Service -- Promotion and seniority - Retrospective promotion cannot be granted nor any seniority can be given on retrospective basis from a date when an employee has not even borne in the cadre particularly when this would adversely affect the direct recruits who have been appointed validly in the meantime...........
Judgment -- Retrospective or prospective - Unable to accept that the judgment which clarify and interpret meaning of a word will have only prospective effect...........
Punjab Custom (Power to Contest) Act, 1920 -- Suit for declaration filed under the Act - Sale by father challenged on the ground that the parties are governed by custom - Vendor has no right to sell ancestral property without consideration and legal necessity - Amendment Act of 1973 taking away the right to challenge under the customs - Amendment retrospective, applicable..........
Haryana Housing Board Act, 1971, Section 2(j), Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulation, 1972 -- Regulation 2(y) - Housing Board allotted residential houses in early 1970 - Regulation 2(y) incorporated w.e.f. 30.10.1989 - Retrospective effect of clause 2(y) - Additions, alterations & misuser of property without permission of..........
Civil Procedure Code, 1908, Order 22,, Rule 3(2) -- During the pendency of Regular Second Appeal appellant expired - Application for impleading LRs moved after delay of 12 years 5 months - Amendment in Order 22, Rule 3(2) during this period - No benefit of amendment can be availed, as amendment is not retrospective and appeal already stands abated after the expiry of 90..........
Cantonment Act, 1924, Section 14(1)(c) -- Cantonment Board Authority - Constitution of - Held that retrospective extensions of a Board cannot be effected - A Board which ceased to legally exist cannot be validly revived retrospectively...........
