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Case Law Details

Case Name : Vijay Vs. State of Maharashtra & others (2006) (Supreme Court of India)
Appeal Number : 6 SCC 286
Date of Judgement/Order : 26/07/2006
Related Assessment Year :
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Held that it is now well-settled that when a literal reading of the provision giving retrospective effect does not produce absurdity or anomaly, the same would not be construed to be only prospective. The negation is not a rigid rule and varies with the intention and purport of the legislature, but to apply it in such a case is a doctrine of fairness. When a law is enacted for the benefit of the community as a whole, even in the absence of a provision, the statute may be held to be retrospective in nature. The appellant does not and cannot question the competence of the legislature in this behalf.

Supreme Court of India
Vijay
Vs.
State of Maharashtra & Ors

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