Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Amended provision of S.148 of the Act is retrospective in nature - It applies even to a case where criminal complaints for the offence u/s 138 of the Act were filed prior to coming into force of the amended provision of S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 148 -- Amendment of S.148 of the Act is retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is prospective in nature and not retrospective - Since complaint filed before insertion of provision of S.143-A of the Act, said provision not applicable to case - Trial Court committed error in awarding interim compensation in favour of..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement - Non-residential premises - As per amending Act landlady/landlord is well within his/her right to seek eviction of tenant from non-residential premises as amending Act has been held to be in retrospective operation...........
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, Section 50, 51, 59 -- Order of imposition of taxes - High restraining action against assesse pursuant to said order on ground of retrospective application of the Act - Penal provisions u/ss.50, 51 of the Act would come into play only when an assessee has failed to take benefit of S.59 of..........
Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981 -- Regu.8(1) - Drivers - Age of superannuation - Respondents/Drivers when appointed would fall in Group 'D' category and their age of superannuation would be 60 years - However, pay scale of respondent drivers was revised with retrospective effect and in fact they paid..........
Negotiable Instruments Act, 1881, Section 143A(1) -- Amendment incorporated u/s 143(A)(1) of the Act - Amendment is retrospective in nature, as it will be applicable even to proceeding pending prior to date of incorporation of said amendment...........
Procedural and substantive law -- Applicability of the amended provision - All substantive laws have to be prospective in nature and applicability, unless prescribed to be retrospective, whereas, all procedural laws have to be applicable to all cases immediately on their coming into operation including pending cases...........
Payment of Gratuity Act, 1972, Section 2(e)(as -- Employee - Teachers were brought within purview of `employee' as defined u/s 2(e) of the Act by Amending Act of 2009 with retrospective effect from 03.04.1997 and teachers thus, entitled to claim amount of gratuity under the Act from their employer - Respondent No.4 thus, entitled to gratuity from his employer/appellant..........
