Supreme Court of India
State of Rajasthan and Others v. M/s. Basant Agrotech (india) Ltd.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
Resultantly, the appeals, being devoid of merit, stand dismissed.
Judgment, page 35
From the headnote
Administrative Law - Subordinate/delegated legislation - Whether can be given retrospective effect - Held: Legislature can make a law retrospectively or prospectively subject to justifiability and acceptability within the constitutional parameters - subordinate legislation can be given retrospective effect 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 an interpretation does not flow from the $tatute i.e. s. 16 of Rajasthan Finance Act, 2008 - The words "from time to time" used in
Authorities it was built on
- 1989 India Cement Ltd. v. State of Tamil Nadu Etc.
- 2011 M/s. Shree Sidhbali Steels Ltd. and Ors. v. State of U.P. and Ors.
- 2006 Mrf Ltd., Kottayam v. Assistant Commissioner (assessments) Sales Tax and Ors.
- 1991 Orissa Cement Ltd and Ors. Etc. Etc v. State of Orissa and Ors. Etc. Etc.
- 1979 D. C. Gouse and Co. Etc. v. State of Kerala & Anr. Etc.
- 2011 Mineral Area Development Authority Etc. v. M/s. Steel Authority of India and Ors.
- 1992 Ahmedabad Urban Development Authority v. Sharad Kumar Jayantikumar Pasawalla & Ors.
- 2006 Mahabir Vegetable Oils Pvt. Ltd. and Anr. v. State of Haryana and Ors.
- 1997 Commissioner of Wealth Tax, Gujarat-iii, Ahmedabad v. Ellis Bridge Gymkhana Etc. Etc.
- 1989 Bansidhar and Others v. State of Rajasthan and Others
- 1999 Commissioner of Income Tax v. Kasturi and Sons Ltd.
- 2007 U.P. Power Corporation Ltd. & Anr. v. Sant Steels & Alloys (p) Ltd. & Ors.
- 2008 Kashmir Singh v. Union of India & Ors.
- 2007 Vice Chancellor, M.D. University, Rohtak v. Jahan Singh
- 2004 M.P. Vidyut Karamchari Sangh v. M.P. Electricity Board
Where later benches applied it
- 2020 Union of India & Ors. v. M/s G S Chatha Rice Mills & Anr.
- 2017 Federation of Indian Mineral Industries & Ors. v. Union of India & Anr.
- 2015 Director General of Foreign Trade and Anr. v. M/s. Kanak Exports and Anr.
- 2023 V. Senthil Balaji v. The State Represented by Deputy Director and Ors.
- 2015 Hc Pradeep Kumar Rai and Ors. v. Dinesh Kumar Pandey and Ors. Etc.
Of those, 2 relied on · 1 referred to · 2 mentioned
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