AIR 1970 SUPREME COURT 703

Supreme Court Of India

(From : Punjab)*

Hon'ble Judge(s): J. C. Shah, G. K. Mitter, K. S. Hegde, A. N. Grover , JJJ

(A) Civil P.C. (5 of 1908) , Preamble— Interpretation of Statutes - Retrospective operation - Retrospective effect not to be extended beyond what was intended. It is a well-settled rule of construction that no provision in a statute should be given retrospective effect unless the legislature by express terms or by necessary implication has made it retrospective and that where a provision is made retrospective, care should be taken not to extend its retrospective effect beyond what was intended.(Para 4) (B) Pepsu Tenancy and Agricultural Lands Act (13 of 1955) , S.32KK— Tenancy Laws - Date of commencement - Effect of 1962 Amendment Act, Sections 7 and 1 (2) - Section 32-KK (introduced in 1962) came into force on 30-10-1956 and not from date of principal Act (viz., 6-3-55). AIR 1964 Punj 30, Overruled.L. P. A. No. 24 of 1963, D/- 30-3-1964 (Punj), Reversed. There is no basis for saying that Section 32-KK has been given retrospective effect as from the date the principal Act came into force, namely, 6-3-1955.(Para 5) On a reading of the various provisions of the Pepsu Tenancy and Agricultural Lands (Amendment and Validation) Act 1962, it is clear that the legislature intended that Section 7 of that A....