2008 (2) TMI 823

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....this court on July 5, 1993 and since then it has been kept pending. Today when the matter came up for hearing, learned counsel for the petitioner wants an adjournment of the matter, which we are not inclined to grant since the matter is an old one. After hearing learned counsel for the parties and going through the materials on record, it appears that the crux of the matter centres round proper....

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.... It is clear on a plain reading that the said section 7 that it is prospective in operation. It is rather settled that laws are normally made prospectively but it can be made retrospectively also. If a law is to be made retrospectively, the Legislature must give clear indication to that effect in the law itself. In the absence of such a clear indication, law is to operate prospectively (see Ke....

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....old both the notifications under annexures 1 and 3 which purport to operate retrospectively even though they were issued in exercise of power under section 7 of the Act, quoted above. We, therefore hold both the aforesaid notifications dated August 16, 1990 and April 28, 1992 must be read to operate from the date of the notification and not before that. Any attempt to read them before the date ....