Judicial Dictionary
Title | Retrospective Operation |
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Details |
The term 'retrospective operation' is ambiguous because it is applied both
to the fact that a particular enactment operates from before its date or so
as to affect pre-existing rights and to the problem of construction which
may be presented by an enactment as to whether it extends backwards or not.
When an enactment extends backwards, by its own clear language, it operates
retrospectively. It is only when the intention of the Legislature docs not
lie on the surface that a question of interpretation arises and, in such a
case, in deciding whether the enactment concerned is intended to operate
retrospectively certain well-known principles are followed. …..
[Commissioner of Income Tax East Pakistan vs. Redhashyam Agarwalla (I960)
12 DLR I (PC)]
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