Supreme Court · 2013 INSC 809 · Decided 6 December 2013
State of Rajasthan and Others v. M/S. Basant Agrotech (India) LTD.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 809 · [2013] 17 S.C.R. 395
- Case number
- CIVIL APPEAL No. 10867/2013
- Decided
- 6 December 2013
- Bench
- ANIL R. DAVE, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Administrative Law - Subordinate/delegated legislation - Whether can be given retrospective effect - Held: A B Legislature can make a law retrospectively or prospectively C subject to justifiability and acceptability within the constitutional parameters - A subordinate legislation can be if a power in its behalf is contained in the principal Act - In the present case, Notification could not have been given retrospective operation, because such D an interpretation does not flow from the $tatute i.e. s. 16 of Rajasthan Finance Act, 2008 - The words "from time to time" used
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