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Retroactive application

Retroactive application legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2016 PTD 867 SUPREME-COURT Judicial Precedent
Remedial and curative enactments/statutesLiberal interpretationRetroactive application

As a general rule, courts look with favour upon remedial and curative enactments, which were beneficial in nature and were interpreted in the context of the evil to be cured and the mischief to be remedied

Provisions of such enactments were to be liberally construed so as to advance the remedy and suppress the mischief and to ensure that the legislative intent, in such behalf, was not frustrated

Remedial and curative statutes generally were retroactive in their application and applied to pending proceedings

In the absence of the express words to the contrary, such enactments should not ordinarily be construed to destroy vested rights, create new liabilities and obligations or disturb past and closed transactions

With regard to judgments passed prior to enactment of a remedial or curative statute, the finality thereof may be disturbed and destroyed during the pendency of appeal there-against, if such was the intention of the Legislator, which could be fairly gathered from the express words employed in the remedial or curative enactment.

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Precedents & Case Laws citing "Retroactive application"

SCMR 1975
Civil Petition for Special Leave to Appeal No. K-151 of 1974, decided on 5th March 1975.

1975 S C M R 423

ABDUL MAJID-Petitioner Versus THE SETTLEMENT COMMISSIONER KARACHI AND OTHERS — Respondents

Court: -.-- S. 4 sub-s. (3) as inserted by Displaced Persons Laws Amendment Ordinance (XIII of 1964), S. 3---Property allotted to petitioner, P. T. O. issued, and entire evaluation price paid-Subsequent change in law and Chief Settlement Commissioner empowered to determine whether properties were or were not evacuee trust property-Chief Settlement Commissioner setting aside allotment to petitioner and declaring property as evacuee trust property-Settlement Authorities having no jurisdiction to determine such question prior to enforcement of amending law, Chief Settlement Commissioner, held, could not be a said to have re-opened matter already decided by competent authority- Case not of retroactive application of law.
PLD 1988
10th February. 1988

P L D 1988 Peshawar 40

KHAIRUL BASHAR‑‑Petitioner Versus MUHAMMAD TXRIQ KHAN and 2 others Respondents

Court: High Court
PLD 1969
Criminal Appeals Nos. 49, 50 and 51 of 1968, decided on 6th February 1969.

P L D 1969 Supreme Court 187

ADNAN AFZAL‑Appellant Versus CAPT. SHER AFZAL‑Respondent

Court:
SCMR 1999
Civil Appeal No. 1513 of 1998, decided on 31st March, 1998.

1999 S C M R 92

MUHAMMAD AFZAL — Appellant Versus KARACHI ELECTRIC SUPPLY CORPORATION and 2 others — Respondents

Court: Supreme Court of Pakistan
CLC 1982
Civil Revision No. 71‑D of 1981, decided on 27th March, 1982.

1982 C L C 2399

DARAZ ALI AND OTHERS‑Petitioners Versus NATHU KHAN‑Respondent

Court: Lahore
PLD 1984
Civil Revision No. 110 of 1983, decided on 26th July, 1983.

P L D 1984 Peshawar 25

Mst. NOOR‑UN‑NISA AND ANOTHER‑Petitioners Versus MUHAMMAD SARWAR AND 6 OTHERS‑Respondents

Court: S. 12(2)‑Suit, challenging decree obtained on basis of fraud and collusion, instituted much before amendment of S. 12(2)‑Amendment of S. 12(2) brought during pendency of suit, held, has no application Suit if dismissed for seeking remedy by filing application under S. 12(2) same would result unnecessary expenses and inconvenience to both parties.‑Interpretation of statutes.
YLR 2002
N/A

2002 Y L R 2885

ZAKA ULLAH and 16 others‑‑‑Petitioners; Versus MUHAMMAD ILYAS and another‑‑‑Respondents

Court: Lahore
SCMR 2012
Civil Appeal No.417-L of 2011, decided on 28th March, 2012.

2012 SCMR 864

SENIOR MEMBER BOR and others — Appellants Versus Sardar BAKHSH BHUTTA and another — Respondents

Court: Supreme Court of Pakistan
CLC 1986
First Rent Appeal No. 168 of 1983, decided on 14th April, 1986.

1986 C L C 1883

MUHAMMAD SIDDIQ MAZHARI‑‑Appellant Versus Mst. MEHAR RAZZ and another‑‑Respondents

Court: Karachi
MLD 1998
1997-November-20

1998 M L D 1264

THE STATE — Appellant Versus PIR MAZHARUL HAQ and others — Respondents

Court: Karachi