Co-Operative Cane Development ... vs State Of U.P. And 2 Ors.
2017 Latest Caselaw 4110 ALL

Citation : 2017 Latest Caselaw 4110 ALL
Judgement Date : 7 September, 2017

Allahabad High Court

Co-Operative Cane Development ... vs State Of U.P. And 2 Ors. on 7 September, 2017

Bench: Arun Tandon, Ritu Raj Awasthi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 22331 of 2016
 

 
Petitioner :- Co-Operative Cane Development Society Ltd. And Anr.
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Ajay Kumar Sharma,Sr. Advocate
 
Counsel for Respondent :- \.S.C.,Tarun Agrawal
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ritu Raj Awasthi,J.

One simple issue which needs to be answered by this Court is as to whether a subordinate legislation can be made so as to have retrospective effect.

While counsel for the petitioner Sri H.R. Mishra, with reference to the paragraph no. 14 of the judgment in the case of Director General of Foreign Trade Vs. Kanak Exports and another 2016 (2) SCC 226, could submit that the subordinate rule training authority cannot legislate/frame of rules/notification with retrospective effect.

Counsel for the State as well as counsel for the respondent Sugar Mill seek time to respond to the same. On their request, put up this case tomorrow i.e. on 8th September, 2017.

Order Date :- 7.9.2017

Ishan