https://www.taxtmi.com/caselaws?id=165231 Retrospective operation of an amending pre-emption statute in pending appellate proceedings requires the court to apply the amended law consistently, so that former rights under the unamended provision cannot support a decree and any newly created right may be asserted in the same proceedings. The retrospective fiction extends to the relevant dates, allowing parties affected by the amendment to seek amendment of their pleadings and prove entitlement under the revised provision. In a pending pre-emption dispute, the earlier decrees could not stand because the amended section governed the matter, and the claims were remitted for fresh consideration on the amended basis. en-us Thu, 04 Oct 1962 00:00:00 +0530 Tue, 26 Aug 2014 14:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165231 Retrospective operation of an amending pre-emption statute in pending appellate proceedings requires the court to apply the amended law consistently, so that former rights under the unamended provision cannot support a decree and any newly created right may be asserted in the same proceedings. The retrospective fiction extends to the relevant dates, allowing parties affected by the amendment to seek amendment of their pleadings and prove entitlement under the revised provision. In a pending pre-emption dispute, the earlier decrees could not stand because the amended section governed the matter, and the claims were remitted for fresh consideration on the amended basis. Case-Laws Indian Laws Thu, 04 Oct 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165231