Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Amendment of law -- Effect of amendment - Whether prospective or retrospective - When an enactment or an amendment is declaratory, curative or clarificatory, impelled by felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date or to cover to antecedent events...........
Criminal Procedure Code, 1973, Section 372 -- (Prior to amendment) - Appeal by victim against acquittal filed in the year 2004 - Proviso to S.372 Cr.P.C. added in the year 2009 which is not retrospective in nature - Victim had no right to challenge the order of acquittal passed in 2004 by way of filing of appeal - Appeal not maintainable...........
Service -- Promotion - Mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when vacancies in promotional post is specifically prescribed under rules, which also mandate clearance through a selection process...........
Service -- Pension Scheme - Amendment in Pension scheme - Retrospective effect - Employees who availed benefit of pension under scheme, indeed their right stood vested and accrued to them - Any amendment to contrary which has been made retrospective operation to take away right accrued to retired employee under existing rule certainly is not only violative of Art.14 of..........
Service -- Pension Scheme - Amendment in Pension scheme - Retrospective effect - Non-availability of financial resources would not be a defence available to employer in taking away vested rights accrued to employees under the Pension scheme that too when it is for their socio-economic security...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question dishonoured prior to commencement of provision of S.143-A of the Act - S.143-A of the Act has no retrospective operation - Order directing accused to deposit interim compensation of Rs.1 lakh thus, not in accordance with law, hence set aside...........
Service -- Retrospective seniority - Cannot be claimed from a - date when an employee is not even borne in service...........
Service -- Retrospective seniority unless directed by Court or expressly provided by applicable Rules, should not be allowed, as in so doing, others who had earlier entered service will be impacted...........
Payment of Gratuity (Amendment) Act, 2010, Section 1(2) -- Effect of amendment - Whether retrospective or prospective - Date of commencement fixed by Executive in exercise of power delegated by amending Act, cannot be treated to be retrospective as benefit of higher gratuity is one time available to employees only after commencement of Amending Act...........
