IOS Test 1

What is the meaning of a prospective law?

• Creates rights and obligations on the parties ensuing in the future

• Gives a previous transaction a different legal effect

• Refers to a state of affairs existing before

• Looks backward

Limitation provisions can be procedural in the context of one set of facts but substantive in the context of different set of facts because rights can accrue to both the parties.

• True, since a time barred claim cannot be revived

• False, since limitation is procedural in nature- it is always retrospective

What is the constitutional bar laid down on framing retrospective criminal law in the Indian constitution?

• Article 22(1)

• Article 20(1)

• Article 21

• Article 19(1)

According to the National Agricultural Co-operative Marketing Federation of India Ltd. & Anr. v. Union of India & Ors., 2003, what are the limitations on the legislative power to introduce enactments with retrospective effect?

• Expressly provide or clearly imply retrospective operation

• Retrospectivity must be reasonable and not excessive

• Cannot be used to subvert a judicial decision without removing the statutory basis

• All of the above

The presumption of prospective application of laws is not applicable to?

• Curative statutes

• Penal statutes

• Tax statutes

• Declaratory statutes

• IN UOI v. Elphinstone Spinning & Weaving Co.

it was Held: “When the question arises as to the meaning of a certain provision in a Statute it is not only legitimate but proper to read that provision in its context. The context means;___?

According to the case of "State, through CBI, Delhi v. Gian Singh, 1999, what is the salutary principle for administration of criminal justice ?

In the case of Chhotabhai Jethabhai Patel v Union of India, what was the claim made regarding the retrospective tax legislation?

• All of the above

• That tax on goods which must exist at the time when the tax was levied

• That, it was a necessary incidence that the manufacturer must be able to pass on the burden indirect taxes to the consumer

• It was a breach of principles of natural justice

According to the case of R. Rajgopal Reddy v. Padmini Chandrasekharan, 1995, what was the nature of Section 4 of the Benami Act?

• Declaratory in nature

• Substantive in nature

• Retrospective in nature

• Prospective in nature

Corporation of Calcutta v. Liberty Cinema- The SC held- "Therefore again, the word “fee” in Sec. 548

should be read as meaning a tax, for as we shall show later, it made no provision for services

to be rendered; any other reading would make the section invalid. A construction producing

that result has to be avoided. We do not also think that by reading the word as referring to a tax

we would be doing any violence to the language used." - relates to which maxim ?

• ut res

  magis valeat quam pareat

• Expressio unius est exclusio alterius

• Expressum facit cessare tacitum

• Delegatus non potest delegare