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Amendment of Section 142 of N.I. Act has a retrospective effect

While deciding on a question whether the amendment carried out in Negotiable Instruments Act, 1881 on 15.06.2015 would have a retrospective operation or would be prospective in nature and if such amendment has a retrospective effect whether the complaint filed by the petitioner could have been saved, the bench of Goutum Bhaduri J, observed that the said amendment is of procedural law and not substantive law, therefore it will have a retrospective effect dealing with procedure. The Court relied on T. Kaliamurthi v. Five Gori Thaikkal Wakf, (2008) 9 SCC 306 wherein it was held that “it is well settled that no statute shall be construed to have retrospective operation until its language is such that would require such conclusion. The Exception to this rule is enactments dealing with procedure”.


 Article referred: http://sccblog.azurewebsites.net/post/2015/09/07/amendment-of-section-142-of-n-i-act-is-in-realm-of-procedural-law-therefore-has-a-retrospective-effect/

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